Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me!

Tabberone Logo
The latest Hartsel weather.

  "The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke

Tabberone.com does not accept any advertising or contributions nor does Tabberone.com use cookies of any type.
It is our aim to have web pages load quickly and cleanly so the layout is kept simple.



Buc-ee's
The Texas Interstate Highway Bully
Hall Of Shame Member

Buc-ee's v. Bucky's
17 CV 00818 Houston
17 CV 00287 Omaha
CASE CLOSED!


Last updated -February 16, 2018
Page added - May 5, 2017


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.


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.

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.

and

Section 3(b) of the Co-Existence Agreement states that "because the parties agree that no likelihood of confusion will result from their separate use of their respective marks, either party may expand into any geographical territory without objection, interference or filing of any legal action by the other party." (emphasis added)


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."

¶18. These action are only a few of Bucky's actions using the term "Bucky's" within Texas and this District with convenience stores and other products in various locations within Texas and this District. On information and belief, Bucky's plans to open at least six gas station and convenience store locations in Texas within the next year that all use the term "Bucky's." Bucky's actions have and will continue to result in direct, substantial overlap with Buc-ee's current customer base within this District and the State of Texas, as well as overlap between the Parties' channels of trade.

[emphasis added]

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.

Motion To Dismiss by Bucky's, filed May 5, 2017, 26 pages, 77.7 kb, PDF format.

Response To Motion To Dismiss filed by Buc-ee's May 17, 2017, 27 pages, 733kb, PDF format.

Reply Brief to Motion To Dismiss filed by Bucky's May 26, 2015, 17 pages, 61.9 kb, PDF format.

Co-exixtence and Settlement Agreement , exhibit filed by Bucky's June 1, 2017, 12 pages, PDF format, 1.34mb.

Order on Motion to Dismiss, entered by the court August 2, 2017, 27 pages, PDF format, 2.23mb.

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.

Answer To Amended Complaint filed by Bucky's October 6, 2017, 19 pages, 350 kb, PDF format.

Motion Summary Judgment filed by Bucky's November 10 2017, 2 pages, 213 kb, PDF format.

Brief Supporting Motion Summary Judgment filed by Bucky's November 10 2017, 51 pages, 564 kb, PDF format

Opposition to Motion Summary Judgment filed by Buc-ee's December 01 2017, 92 pages, 1.40 mb, PDF format.

Motion Summary Judgment Reply filed by Bucey's December 08 2017, 22 pages, 425 kb, PDF format

Motion Summary Judgment Granted filed by District Court in Omaha February 9, 2018, 22 pages, 273 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.
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)


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.

-->