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Buc-ee's The Texas Interstate Highway Bully Hall Of Shame Member Buc-ee's v. Frio Beaver 14-CV-01844

Last updated -June 20, 2017
Page added - October 2, 2016

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

Paragraph 29 Page 10 Exactly As Worded In The Original Complaint Against Frio Beaver Logo (slightly modified for presentaion only - no content has been altered. Emphasis added.)

Claims are almost identical to the claims made against Chick's, Beaver Water, Choke Canyon and Irv's. 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 Frio Beaver?

29. Defendants' anthropomorphic and cartoon representation of the Beaver as shown above in connection with its Uvalde County convenience store copies the most important aspects of the iconic BUC-EE'S Marks. Specifically, besides Defendants' improper use of friendly smiling cartoon characters, Defendants have copied the BUC-EE'S Marks with:

(i) the use of a black outline encompassing the logo (compare to the black around the beaver),

(2) use of a yellow background (compare to the yellow surrounding the beaver), and

(3) use of the red-colored short (sic) of the Beaver (compare to the red hat on the beaver).

Unlike the claims against Irv's, the lawyers for Buc-ee's included the "prominent use of sharply drawn black edges" lame claim. Probably just a brain fart. Although the numbered examples run 1 through 5, there are actually 6 specific claims made in Paragraph 23. Let us consider the claims one at a time. The improper use of friendly smiling cartoon characters This paragraph is the only place in the complaint where the term "cartoon" appears. Again, as in the other lawsuits, the claim of "improper use" is made but no where in the document does Buc-ee's or its idiot lawyers support their contention that Buc-ee's owns all rights to any cartoon representation of any animal in advertising for convenience stores or gas stations. Stupid and unsupported similarity #1. The use of a black circle encompassing the alligator (compare to the black circle around the beaver) No one ever gave Buc-ee's the exclusive right to use a black outline (or border) around their logo? The border around the Choke Canyon logo is a a double black border with a gold-colored cenert line. Not remotely close. Stupid and unsupported similarity #2. The use of a yellow background (compare to the yellow surrounding the beaver), Buc-ee's does not own the color yellow. Buc-ee's does not own the rights to any color. The background color for Choke Canyon is a gold-tone, not yellow. Are the lawyers for Buc-ee's color-blind as well simpletons? Stupid and unsupported similarity #3. The use of the red-colored tongue of the alligator (compare to the red hat on the beaver), The tongue for the Beaver is inside the mouth of the beaver while the alligator's tongue in long, outside the mouth and liking its chops. Stupid and unsupported similarity #4 The prominent use of sharply drawn black edges for the alligator mascots (compare to the sharp crisp black edges defining the beaver (sic) Cartoons always have black edges for contrast. Did Buc-ee's lawyers never watch carttons? That could expalin their lack of comprehension. Stupid and unsupported similarity #5. [FYI - the (sic) notation in the above example refers to the lack of a closing parentheses.] The the use of letters in raised block font in the name "CHOKE CANYON" (compare to letters and block font of Buc-ee's ) The font for Choke Canyon is nothing like the font for Buc-ee's. When did Buc-ee's get exclusive rights to use black lettering? Stupid and unsupported similarity #6.

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 Frio Beaver 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 3, 2014, 14-CV-01844 19 pages 1mb [PDF format]

 

 

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