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

08CV00519
December 2, 2008

Last updated - October 7, 2016
Page added - October 7, 2016


Buc-ee's, The Texas Interstate Bully who thinks its shit doesn'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. 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 United States Patent and Trademark Office (USPTO) approved the Bucky's trademark with no geographical restrictions. Click here to view the 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?


 

 

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