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Buc-ee's The Texas Interstate Highway Bully Hall Of Shame Member
Buc-ee's v. Bucky's |
 
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Last updated -February 16, 2018
Page added - May 5, 2017
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With it's eyes closed and wearing a stupid expression, Buc-ee's has gone down swinging! |
| As predicted, Buc-ee's is 0 for 3 in lawsuits against Bucky's of Nebraska. With a Co-exixtence and Settlement Agreement in place that gave Bucky's expansion rights into Texas, Buc-ee's Boobs, probably following marching orders from corporate HQ, filed to block said expansion. The federal courts in Houston and subsequently Omaha deferred to the valid agreement and ruled against Buc-ee's. More details and downloadable court documents below. |
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And the lawsuits just keep on a-coming. Another trademark infringement lawsuit filed by Buc-ee's Boobs,
this time against a former Buc-ee's defendant, Bucky's.
Click here
for more details of that first lawsuit, which basically Buc-ee's lost through a
Co-exixtence and Settlement Agreement .
In this case, filed in the District Court in Houston, TX, Southern District, Buc-ee's seems to be offended by Bucky's expanding into the Texas market. . Click here to view the Original Complaint, filed March 14, 2017, 19 pages, 257 kb [in PDF format]. But the settlement agreement gives Bucky's the absolute right to expand into the Texas Market. So, you ask, why is Buc-ee's fighting this in federal court? Trademark Intimidation, pure and simple. Federal court trademark issues are expensive to litigate and they take a l-o-n-g time to resolution. The side with the deeper pockets usually prevails because of the time and cost factors. Buc-ee's wants the whole pie and will not tolerate competition. The Lying Lawyers of Buc-ee's know this and take full advantage of the willingness of Buc-ee's to spend money to quash competitors. Someone has to pay for the fancy cars and country club memberships for the Lying Lawyers of Buc-e's.
From the Original Complaint filed by Buc-ee's: |
¶16 Bucky's recently has begun using the term "Bucky's" in connection with convenience stores and gas stations in Texas and this District. |
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So what? Bucky's has a federally registered trademark for the name, a registered trademark that has NO geographical restrictions.
So Buc-ee's claims of trademark infringement under 15 U.S.C. § 1114(1) and 5 U.S.C. § 1125(a) are fabrications. After the USPTO
granted the Bucky's trademark federal registration in 2009, rather rthan litigate the issues, Buc-ee's withdrew its opposition the the
Bucky's trademark
(see it here click here ).
It would seems that having agreed to settle (withdraw) once before would prevent Buc-ee's from restarting the litigation years later. But being practical does not appears to be something taught where ever Buc-ee's Boobs attended law school. At the conclusion of the first legal battle, the two parties voluntarily signed a "Co-Existence and Settlement Agreement" which stated (in part): |
Buc-ee's made a perpetual covenant not to sue or otherwise bring official action in court with regard to Buck's use of the BUCKY's mark in any geographic territory. |
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Look at the logos above. Do they seem similar at all? Simply stated, Buc-ee's does not want the competition from anyone from anywhere. Again, from the Original Complaint filed by Buc-ee's: |
¶17. Bucky's has purchased property in multiple locations in, at least, Houston and Nassau Bay. Bucky's has applied for zoning approvals in Houston and Nassau Bay using the term "Bucky's." Bucky's has appeared before zoning commissions offering convenience store services using the term "Bucky's." Bucky's has obtained licenses from the Texas Alcoholic Beverage Commission for selling products using the term "Bucky's." |
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It's all about using legislation to stifle the competition just like in the previous cases except here there are no frivolous claims of
trade dress violations. Buc-ee's signed a "Co-Existence and Settlement Agreement" that states Bucky's can expans anywhere
without opposition from Buc-ee's. Did Buc-ee's Boobs collectively sleep through law school? Or ws it perpetual toga parties?
Buc-ee's needs to get slapped down by the courts for abusing the process. That is unlikely to happen. But one can always hope. |
| Court documents are not copyrightable and considered to be in public domain. Downloading them and copying them is not infringing. We have the following court documents from this case available for you to view or to download: |
| The original complaint was filed by Buc-ee's in Houston, Texas on March 14, 2017 (17CV00818). On August 2, 2017, the district court in Houston granted Buck's motion to transfer the case to district court in Omaha, Nebraska citing the valid forum-selection clause in the Co-Existence Agreement. The first court documents are from the Houston District Court phase of the litigation. |
Houston, Texas 17-CV-00818
Original Complaint by Buc-ee's, filed March 14, 2017, 19 pages, 257 kb, PDF format. |
| An Amemded Complaint was filed by Buc-ee's in Omaha, Nebraska on September 6, 2017 (17CV00287). On November 10, 2017, Bucky's filed a Motion For Summary Judgment. Citing the Co-Existence Agreement, the court granted the Motion For Summary Judgment. Buc-ee's is now 0 for 3 against Bucky's. |
Omaha, Nebraska 17-CV-00287
Amended Complaint filed by Buc-ee's on September 6, 2017, 32 pages, 828 kb, PDF format. |
| 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. |
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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 |
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| 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. |
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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 |
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| 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) |
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This web site, Tabberone.com is owned and maintained by Karen Dudnikov and Michael Meadors, P.O. Box 87, Hartsel CO 80449.
We are solely responsible for the content and the opinions expressed here. Please make sure you spell our names correctly on any threats of litigation
and/or court documents.
More coming soon to this page. Stay tuned. Don't touch that dial. |
