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Buc-ee's
The Texas Interstate Highway Bully
Hall Of Shame Member
Buc-ee's v. Choke Canyon
15-CV-03704

Amended Complaint Deconstruct

Last updated - November 18, 2016
Page added - October 2, 2016


On this page we will examine in detail the additional frivolous claims made by Buc-ee's and their idiot lawyers against Choke Canyon in their Amended Complaint. The Amended Complaint is 39 pages as opposed to the 18 pages of the Original Complaint.

Step by step, we will deconstruct the spacious arguments made by attorney H. Tracy Richardson III and his merry band of mind muffins. And let us make one major point clear - Buc-ee's is nothing more than a glorified truck stop. Yes it has a lot of gas pumps and a large convenience store attached. As applied to Buc-ee's, that is nothing more than the proverbial lipstick on a pig adage. Buc-ee's did not originate the concept of large truck stops but they are acting like they did. And with some of the most rediculous claims. See for yourself.

The original defendants in this case were named as AMJAD PANJWANI, SHEPHERD RETAIL, INC. AND HARLOW FOOD, INC. In the amended complaint, the defendants were named as Defendants Shepherd Retail, Inc., Blanco Restaurant, Inc., Live Oak Retail, Inc., and Harlow Food, Inc. Collectively we are referring to them as Choke Canyon.

The lame-brain lawyers for Buc-ee's have abandoned their unsupportable trade dress claims as of October 13, 2016, when they filed a Second Amended Complaint. It appears they have deserted the federal trademark dress claims in favor of Texas law. A quck look at the Second Amended Complaint shows the lawyers for Buc-ee's dropped any references to trade dress -- which were all frivolous anyway. Perhaps they needed more billing hours to pay for their holiday celebrations to close out 2016.

We have a complete court docket as of October 28, 2016. Click Here to view the docket. We will be posting more about the Second Amended Complaint after we have studied it more. Click Here for the Second Amended Complaint [in PDF format 2mb].

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.

Buc-kee'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


The Boobs Of Buc-ee's
Visit the latest page addition, 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. Ckick here for The Boobs Of Buc-ee's.


Buc-ee's made additional claims in its Amended Complaint ¶1 on Page 1:
Violations of the 1. Texas Anti-Dilution Statute,
2. Texas Business and Commerce Code § 16.103;
3. trademark infringement under Texas Business and Commerce Code § 16.102;
4. trademark infringement under 15 U.S.C. § 1114;
5. trade dress and trademark infringement under 15 U.S.C. § 1125(a);
6. false designation of origin under 15 U.S.C. § 1125(a);
7. common law trademark and trade dress infringement;
8. unjust enrichment; unfair competition and misappropriation;
This is similar to hunting a mouse with an elephant gun. The idea is to scare the other party into submission. In reality, all of these trumped up claims revolved one central issue: is the Choke Canyon logo infringing upon the Buc-ee's logo. When that claim fails, and it will, so will all of the other claims. The outrageous claims of trade dress concerning the Buc-ee's stores are a fantasy seeped deep in the little mindset of attorney H. Tracy Richardson III.


We have already the "ordinary observer" test.

Buc-ee's contends that it has become a "household name across Texas and other states." Many businesses are recognized throughout the country by their advertising and some are regional. Many of these business which are truck stops with expanded convenience stores similar to Buc-ee's. None of these other convenience store truck stops claim the exclusive rights that Buc-ee's claims to own.

Shortly after filing their Original Complaint, on December 23, 2015, Buc-ee's filed their First Amended Complaint, on February 26, 2016. Since the other three earlier defendants, Chick's, Frio Beaver and Irv's, all declined to fight the frivolous claims, it seems Buc-ee's thought a similar Complaint would have the same effect on Choke Canyon. It did not.

Choke Canyon filed a Motion To Dismiss or Change Venue, on February 5, 2016. That must have ruffled the feathers of General Counsel H. Tracy Richardson III who appears to have gone running to BAKER BOTTS L.L.P. of Austin and BANNER & WITCOFF, LTD. of Chicago for some real legal advice. We would bet Richardson III really hated to have to share those billing hours.

The Original Complaint listed some 18 really stupid claims of trade dress. We really did not think that the attorneys for Buc-ee's could out do thenselves with ridicolous claims but, you guessed it, they really did. Buc-ee's lawyers must be getting paid by the word.

The Amended Complaint. lists a full 26 conjured trade dress claims, a full A to Z on Page 9 ¶25. If there had been more letters in the alphabet the great assembled legal minds could have fabricated more trade dress claims. Do not get between a corporate lawyer and his billing. Remember, Buc-ee's is nothing more than a glorified truck stop owned by people who want to destroy their competition with false claims. That's a lot of lipstick on that there pig. Here are the newer trade dress claims made by Buc-ee's:

25. The Buc-ee’s Trade Dress is the overall look and feel of the Buc-ee’s retail locations. The Buc-ee’s Trade Dress includes the overall look and feel of the exterior areas (including but not limited to the fuel-filling stations), and the various interior areas of the Bucee’s retail locations. Features of the Buc-ee’s Trade Dress that help distinguish the Buc-ee’s convenience stores (and thereby help to identify and distinguish the Buc-ee’s convenience stores from the stores of others) include, but are not limited to, the following:
(a) Use of a logo including an animal with humanlike characteristics throughout the store; [***]
(b) Use of a logo including an animal inside a yellow circle throughout the store; [***]
(c) Use of a logo including an animal with humanlike characteristics and a red tongue throughout the store; [***]
(d) Use of a logo including an animal with humanlike characteristics and wearing a hat throughout the store; [***]
(e) Use of bell-gabled roof lines; [***]
(f) Use of a red/brown, white, yellow and black color scheme in store signage and to identify product categories; [***]
(g) Use of beige stone siding on the exterior of the store; [***]
(h) Use of square column of beige stone on first few feet of pillars in the front of the store; [***]
(i) Use of square column of beige stone on first few feet of pillars in the pump area; [***]
(j) The layout, color scheme and components of its bathrooms; [***]
(k) Use of a specific and distinctive fountain drink set up in the interior of the stores; [***]
(l) The layout, color scheme and components of its bathrooms;
(l) In-store computer ordering kiosks;
(m) Horse-shoe shaped in-store carving stations;
(n) Open counter deli stations;
(o) Freshly prepared signature food choices; [***]
(p) Prominent use of the BUC-EE’S Marks for product categories, product areas, and in signage above and on the products offered for sale; [***]
(q) Prominent use of the BUC-EE’s Marks on ice coolers on the exterior of the store;[***]
(r) Large square footage; [***]
(s) Numerous fuel pumps; [***]
(t) Abundant and oversized parking spaces; [***]
(u) Oversized bathrooms; [***]
(v) A multitude of cashier stations; [***]
(w) Entrances from three of the four sides of the building.
(x) Antique-looking displays;
(y) Country-themed signage; and
(z) Khaki paint colors. [***]
The claims highlighted in blue are repeated from the Original Complaint.

Claims followed by [***] were specifically stated against Choke Canyon in ¶25, page 9. Consider how outrageous these claims are, individually and collectively.

The additional silly-ass claims by Buc-ee's:

Use of a logo including an animal , four examples (a) through (d), all would depend on someone with a low IQ determining that the two logos are even remotely similar. It is safe to say that the members the assembled jury will easily have individual IQs much higher than those of the Buc-ee's attorneys who are handling this absurd case. There is no similarity what so ever.

Use of square column of beige stone two examples (h) through (i), are architectural choices which common in Texas and are not protected under trademark laws. They are not distinctive to Buc-ee's

The layout, color scheme and components of its bathrooms. Layout? Are the toilets arranged in a circle instead of being in stalls? Color? People who have to go do not care about the color of the bathroom, only the availability of it. Components? What? Basins to wash your hands? Hand towels? Standard fare. .

[Store] Marks on ice coolers on the exterior of the store. Takes us back to the issue of wether or not the two logos are similar. They are not.

Buc-ee's and its idiot attorney H. Tracy Richardson III should be fined for wasting the time and resources of a federal court.


Claimed by Buc-ee's in the Amended Complaint [four claims combined into onelong claim]:
Throughout the store, use of a logo including an animal with humanlike characteristics, and a red tongue, and wearing a hat, inside a yellow circle..

The two logos look nothing alike. A pudgy, short, brown, buck-toothed beaver wearing a red baseball cap going up against a tall smiling alligator who is wearing a tan cowboy hat and kicking his chops through rows of sharp carnivorous teeth. So why the lawsuit? Intimidation 101. If a lawyer has a weak case, as is the situation here, then try to blow the opposition's mind with a "multitude" of claims, lots of motions and paperwork and a lack of any form of cooperation. Don't you just love corporate lawyers?

We have already addressed the non-existent similarities between the Beaver logo and the Choke Canyon logo. If you wish to refresh your recollection of those frivolous claims, The Beaver-Choke Canyon Logo Comparison. It will open in a second browser frame so you will not lose your place. .
Like they did in the Original Complaint, the lawyers go overboard claiming store displays also violate Buc-ee's trade dress. Things again start getting a little hinky starting on page 14 ¶ 36 of the Amended Complaint. Pictures of products being displayed "in a manner that results in confusion to the consumer ". Just when you thought it couldn't get any more stupid from Buc-ee's. You can't make this stuff up.

The following pictures came straight from the Amended Complaint starting on page 15. Unlike in the Amended Complaint, we are showing the product pictures side-by-side so you can easily see how dumb the claims by Buc-ee's really are.

36. In addition, Defendants have intentionally packaged and promoted t-shirts, food products, and other products in a manner that results in confusion to the consumer and further infringes upon the marks of Buc-ee’s, including goods specifically covered by one or more of Buc-ee’s state and federal registrations.

37. Examples illustrating the Defendants’ infringement of the BUC-EE’S Marks and/or the Buc-ee’s Trade Dress follow below.

CHOKE CANYON
BUC-EE'S

So, routine and common-place store displays are infringing upon Buc-ee's, what? Buc-ee's is not claiming they own "NUGGETS" but rather that Buc-ee's owns bags of nuggets with a label containing any animal logo? The next set of pictures are store displays of some sort of food stuff in glass jars and logos on soda vending machines. Are these displays confusing to you?

CHOKE CANYON
BUC-EE'S

Buc-ee's is also claiming that a t-shirt with an animal logo on it belongs to Buc-ee's. Don't tell Batman that he is infringing upon Buc-ee's trade dress. Those Tie Dye T-shirts are not even close. Yes, they have similar colors but again, Buc-ee's does not own color combinations.

CHOKE CANYON
BUC-EE'S

Foam coolers with animal logos on the. So-o-o-o confusing, to corporate lawyers, perhaps. Not to the public. Can cozies and drink cozies are a standard shape. Colors are optional. Who can't tell these are from different sources?

CHOKE CANYON
BUC-EE'S

In-store signage. Not even remotely similar. Except for that pesky animal logo that Buc-ee's and lawyers claim is exclusive to Buc-ee's and no one else in the universe.

CHOKE CANYON
BUC-EE'S
 

Remember ¶25(h)? (h) Use of square column of beige stone on first few feet of pillars in the front of the store. Here are pictures of the "columns". Round column on the left, square column on the right. The columns by the gas pumps are very different. When did Buc-ee's get absolute rights to using beige stone in Texas, or anywhere else for that matter.

CHOKE CANYON
BUC-EE'S

Last but not least, ice machines with a company logo on them? Buc-ee's is claiming it belongs to them. Next Buc-ee's will sue the sun, a.k.a. SOL, for being round with a yellow background.

CHOKE CANYON
BUC-EE'S
Alas, we are at the end of the Amended Complaint, minus the legal jargon and closing prayers for relief asking for virtually all of Choke Canyon's assets and its first born male child. The Amended Complaint is signed by attorney H. Tracy Richardson III Deputy General Counsel for BUC-EE'S, LTD; Kevin J. Meek Of Counsel, Joseph Gray, both of BAKER BOTTS L.L.P. of Austin, TX; Joseph J. Berghammer of BANNER & WITCOFF, LTD., out of Chicago, IL.

All of the lawsuits were filed in the U.S. District Court for the Southern District of Texas in Houston. We will concentrate on the Choke Canyon lawsuit as it has not been settled and is scheduled for a jury trial in January 2017. Here is a list of the court filings we presently have for Buc-ee's v Choke Canyon for your viewing pleasure. Court filings are not protected under copyright law so feel free to view and download any you might want. The many administrative motions are not listed. All files are in PDF format.
Original Complaint, filed December 23, 2015, 18 pages 1mb
Def Motion To Dismiss/Venue, filed February 5, 2016, 12 pages 322k
First Amended Complaint, filed February 26, 2016, 39 pages 2mb
Def Motion To Dismiss For Failure To State Claim, filed April 1, 2016, 30 pages 1mb
Pl Response To Motion To Dismiss, filed April 22, 2016, 30 pages 377k
Def Motion To Compel Answers To ,Interrogatories filed June 23, 2016, 11 pages 77k
Def Supplemental Filing Support Motion To Dismiss, filed August 24, 2016, 3 pages 130k


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)


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