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Bucky's v Buc-ee's
The Texas Interstate Highway Bully Gets Beat

08CV00519
December 2, 2008

Last updated -July 13, 2017
Page added - October 7, 2016


Buc-ee's, The Texas Interstate Bully who thinks its beaver droppings don't stink, got it handed to them in 2009. From the Original Complaint filed by Bucky's:

Bucky’s is a Nebraska corporation that maintains its principal place of business at 4973 Dodge Street, Omaha, Nebraska 68132. Bucky’s operates a chain of retail stores featuring convenience store items and gasoline that has expanded to approximately 200 locations located throughout the states of Nebraska, Iowa, Missouri, Illinois and Kansas. Bucky’s is actively seeking to expand into the state of Florida.

After Bucky's of Nebraska filed for a federal trademark registration January 4, 2006, noting first use of the name logo in 1989, our infamous Buc-ee's of Texas filed an opposition with the US Trademark Office some four months after Bucky's filed for federal registration of its name, Buc-ee's filed for federal registration of its name as well. Around June 13, 2006, Buc-ee's filed its Opposition with the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, opposing Bucky’s Trademark Application.

Among other things, the Original Complaint notes:

Defendant is a competitor of Bucky's and is seeking to inhibit Bucky's ability to operate its business both within the state of Nebraska, as well as in other states in the United States..

In the Opposition filing, Buc-ee;s sought to limit the BUCKY’S trademark to geographic areas within Nebraska, Iowa, Missouri and Illinois, by default leaving the rest of the US available to Buc-ee's. .That would have severly limited Bucky's expansion plans.

After Buc-ee's motion to dismiss was denied, both parties agreed to stay the proceedings until after the Trademark Office had made its ruling on the Bucky's registration.

On May 4, 2010, the USPTO issued Registration No. 3783086 for the rademark “Bucky’s” to Buck’s, conferring upon Buck’s the presumptive right to use the trademark “Bucky’s” throughout the entire United States, i.e., the United States Patent and Trademark Office (USPTO) approved the Bucky's trademark with no geographical restrictions. Click here to view the USPTO document [in PDF format}. After having their Opposition trashed, Buc-ee's formally withdrew its opposition and the lawsuit became moot.

Buc-ee's lost to Bucky's. Doesn't that just give you a warm fuzzy? At the conclusion of the 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)


We have the following court documents from this case available for you to view or to download:
Notice Of OppositionTrademark by Buc-ee's, filed June 13, 2007, 6 pages, 123 kb, PDF format.

Original Complaint by Buc-ee's, filed December 2, 2008, 9 pages, 46.4 kb, PDF format.

Motion To Dismiss by Buc-ee's, filed February 2, 2009, 16 pages, 61.1 kb, PDF format.

Opposition To Motion To Dismiss by Bucky's, filed March 4, 2009, 23 pages, 109.9 kb, PDF format.

Reply Brief to Opposition To Motion To Dismiss by Buc-ee's, filed March 19, 2009, 16 pages, 109.9 kb, PDF format.

Denial Of Bucees Motion To Dismiss by the Court, filed June 25, 2009, 16 pages, 114 kb, PDF format.

Denial Of Bucees Motion To Dismiss by the Court, filed June 25, 2009, 16 pages, 114 kb, PDF format.

Bucky's Registration screen shot of registration, approved May 10, 2010, 1 page, 226 kb, PDF format.

Co-exixtence and Settlement Agreement , 12 pages, PDF format, 1.34mb.

Court documents are not copyrightable and considered to be in public domain. Downloading them and copying them is not infringing.



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.

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