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Buc-ee's The Texas Interstate Highway Bully Hall Of Shame Member Buc-ee's v. Beaver Water 13-CV-02080

Last updated -June 20, 2017
Page added - October 3, 2016

Detail Of False Allegations Made By Buc-ee's About Beaver Water Logo

Paragraph 27 Exactly As Worded In The Original Complaint Against Beaver Water (slightly modified for presentaion only - no content has been altered. Emphasis added.)

Claims are almost identical to the claims made against Chick's, Irv's and Choke Canyon. By copying the claims almost word-for-word, it was less stress on the pea-sized brains of the lawyers for Buc-ee's. But, we'll bet that the copying, while a time-saver and less demanding mentally, did not reduce the billing by the lawyers. Someone has to pay for their yachts and country club memberships. So why not Beaver Water?

27. Defendants' anthropomorphic and cartoon representation of the beaver as shown above in connection with bottled water copies the most important aspects of the iconic Beaver Logo. Specifically, besides Defendants' improper use of a cartoon beaver, Defendants have copied the Beaver Logo with:

(i) right-facing smiling face with prominently defined cheeks and visible tongue;

(ii) oversized hat with protruding bill; and

(iii) use of sharply drawn black edges for the Defendants' cartoon

The lawyers for Buc-ee's failed to claim both beavers have two eyes, each eye with a black iris. Or that they are both oxegyn-breathing mammals. Probably just a brain fart. They could not think of any thing more stupid than what they already claimed. Although the numbered examples run 1 through 3, there are actually 5 specific claims made in Paragraph 27 and Paragraph 26. Let us consider the claims one at a time. ...Defendants intended the beaver image to be a copy of, or at the very least suggestive of, the Beaver Logo ¶26 Page 7 Really? That is like saying Bugs Bunny and Roger Rabbit are confusingly similar. Or Donald Duck and Daffy Duck are similar. This is Lawsuit By Intimidation 101. Stupid and unsupported similarity #1. The Defendants' improper use of a cartoon beaver ¶27 The claim of "improper use" is supported by what? A trademark registration does not now, nor did it ever, convey alsolute rights to an idea, in this case, a beaver. Buc-ee's does not own the "beaver" as a trademark or anything else. Buc-ee's only has the rights to to their version of a beaver representing their company. Other versions of a beaver are perfectly legal and non-infringing. Stupid and unsupported similarity #2. right-facing smiling face with prominently defined cheeks and visible tongue "Right-facing, smiling, cheeks and visible tongue"? That could be a picture of any liberal college student demanding a "safe place". Stupid and unsupported similarity #3. The oversized hat with protruding bill Wow, What a leap. Except that Buc-ee's hat does not appear to be the least bit over-sized. Not even remotely close. Stupid and unsupported similarity #4. The use of sharply drawn black edges for the Defendants' cartoon Cartoons always have black edeges for contrast. Did Buc-ee's lawyers ever watch carttons? We are guessing they spent their Saturday mornings pulling the wings off of flies. That could expalin their lack of comprehension. Stupid and unsupported similarity #5.

Just to refresh your memory, a recap of lawsuits involving Buc-ee's eight frivolous trademark actions.

On December 2, 2008, Bucky's (Nebraska) filed a trademark non-infringement complaint against the Texas-based bully Buc-ee's but only AFTER Buc-ee's filed to stop Bucky's from obtaining a federally registeredrademark with the USPTO On March 8, 2013, Buc-ee's filed a trademark infringement complaint against the Texas-based Chick's. On July 16, 2013, Buc-ee's filed a trademark infringement complaint against Utah-based Beaver Water. On November 13, 2013 Buc-ee's filed a trademark infringement complaint against the Texas-based Irv's. On July 3, 2014, Buc-ee's filed a trademark infringement complaint against the Texas-based Frio River Grocery, the Frio Beaver Logo. On December 23, 2015 Buc-ee's filed a trademark infringement complaint against the Texas-based Choke Canyon Travel Center On March 14, 2017, Buc-ee's filed a trademark opposition complaint against Nebraska-based Bucky's in violation of their 2009 settlement agreement where Buc-ee's waived any future opposition to Bucky's. On March 15, 2017, Buc-ee's filed a USPTO trademark opposition complaint against Sam's Mart

Every one of these cases was, and still is, without factual merit. No reasonable person could find any of these logos confusingly similar with that stupid beaver. No reasonable person could find any of Buc-ee's trade dress claims to be valid.

We have never posted a request like this one before but Buc-ee's and its lawyers are so over-reaching in these frivolous lawsuits. Leave the Beaver standing in his own pee. It's what he deserves. Buc-ee's website is located at https://www.buc-ees.com/. It does not list a telephone number. So, if you agree with us that Buc-ee's has become a Trademark Extortionist, use their contact page to let them know. Cut and paste this link: https://www.buc-ees.com/contact.php

Click on the links below to go to the pages shown.

The Big Bad Blowhard Beaver's Main page

Buc-ee's Boobs

The Beaver-Chicks Logo Comparison

The Beaver-Beaver Water Logo Comparison

The Beaver-Irv's Logo Comparison

The Beaver-Frio Beaver Logo Comparison

The Beaver-Choke Canyon Logo Comparison

The Beaver vs Sam's Mart Logo Comparison

Bucky's vs Buc-ee's, part 1 Dec 12, 2008 (Nebraska).

Bucky's vs Buc-ee's, part 2, Mar 14, 2017 (Houston)

The Original Complaint against Beaver Water can be view here or downloaded if you prefer. Court filings are not protected under copyright law so feel free to view and download any you might want

Original Complaint, filed July 16, 2013, 13-CV-02080 16 pages 181kb [PDF format]

 

 

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