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The Texas Interstate Highway Bully
Hall Of Shame Member
Buc-ee's v. Irv's
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
The use of a black outline encompassing the logo
The use of a yellow background
The use of the red-colored bandana
The use of letters in raised and lowered block font in the name
|The Boobs Of Buc-ee's|
|Visit one of the latest page additions, Buc-ee's Boobs, also know as The Lying Lawyers Of Buc-ee's, a listing of all of the lawyers used by Buc-ee's in its frivolous trade dress lawsuits. They are typical corporate lawyers who lie in court filings in order to serve the over-reaching desires and demands of their competition snuffing clients. But hey, country club memberships are expensive. Ckick here for The Boobs Of Buc-ee's.|
|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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