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Buc-ee's The Texas Interstate Highway Bully Hall Of Shame Member Buc-ee's v. Irv's 13-CV-03346

Last updated -June 20, 2017
Page added - September 26, 2016

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

Paragraph 28 Exactly As Worded In The Original Complaint Against Itv's (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 and Choke Canyon. In what appears to be an editing error, the wording in Paragraph 28 was repeated almost exactly in Paragraph 29. Perhaps the Lawyers for Buc-ee's were getting paid by the word for their manscript but more likely their cut-and-paste person was careless.

28. Defendants' anthropomorphic and cartoon representation of the Cowboy as shown above in connection with its Brazoria 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),

(3) use of the red-colored bandana of the Cowboy (compare to the red hat on the beaver), and

(4) the use of letters in raised and lowered block font in the name "IRV's" outlined in black (compare to letters and block font of Buc-ee's ).

Unlike the claims against Chick's, the lawyers for Buc-ee's left out the "prominent use of sharply drawn black edges" lame claim. Although the numbered examples run 1 through 4, there are actually 5 specific claims made in Paragraph 28. 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 other than the editing error with Paragraph 29. 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 outline encompassing the logo Who gave Buc-ee's the exclusive right to use a black outline (or border) around their logo? The border around the Irv's logo is a pentagon while there is a circle aound the beaver. Not remotely close. Stupid and unsupported similarity #2. The use of a yellow background Two different shapes of yellow invoke a contrast, not a similarity. Buc-ee's does not own the color yellow. Buc-ee's does not own the rights to any color. Courts are very reluctant to allow any company to claim a color as trade dress much less allowing them a sweeping use of a color. Stupid and unsupported similarity #3. The use of the red-colored bandana As compared to the red hat of the beaver? Are they serious? A hat vs a bandana? Just because they both are red? Very overreaching. Stupid and unsupported similarity #4. The use of letters in raised and lowered block font in the name It's a good thing they stopped at five reasons because the claims were getting more stupid the longer they continued. The font for Irv's 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 #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 Irv's 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 December 23, 2015, 13-CV-03346 16 pages 181kb [PDF format]

 

 

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