Buc-ee’s is back in court, this time, they’re suing two clothing companies for trademark infringement of the iconic beaver logo. Due to the expansion of Buc-ee’s locations across the country, the company’s legal team has been cracking down on those attempting to capitalize on its trademark’s success.
(Image from https://www.kbtx.com/2024/05/28/opening-date-announced-worlds-largest-buc-ees-store/)
Who’s getting sued?
The first lawsuit targets Florida-based oddities shop Prometheus Esoterica, which, according to its website, sells “morbid antiquities, ethically sourced specimens, diabolical designs, and local artisans.” The second lawsuit targets North Charleston-based apparel company Born United, a business that sells patriotic-themed merchandise and claims to represent “bringing brands together that stand for freedom.”
The Legal Lowdown: Prometheus Esoterica
Buc-ee’s filed a lawsuit against Prometheus Esoterica on May 29, citing the sale of t-shirts featuring altered versions of its iconic beaver logo—one depicting the mascot in anarchist attire, and another styled to resemble Krampus. According to the lawsuit, “[Prometheus Esoterica’s] unauthorized use of the Buc-ee’s Marks is likely to cause confusion among customers. Consumers are likely to perceive a connection or association as to the source, sponsorship, or affiliation of the parties’ products and services, when in fact none exists.”
They are alleging trademark infringement, counterfeiting, and deceptive/unfair trade practices. Prometheus Esoterica had not issued a response as of Tuesday, June 3.
The Legal Lowdown: Born United
Buc-ee’s filed the second lawsuit against ‘Born United’ on May 27th, alleging that the company sold merchandise featuring an altered version of the beaver logo—depicting it holding a gun and wearing armor. The suit alleges that Born United continued to sell their infringing products after Buc-ee’s had sent a cease-and-desist letter, demonstrating “willingful infringement and bad faith conduct.” They are seeking a court order to stop ‘Born United’ from selling all infringing merchandise, damages, profits from all sold infringing items, and attorney fees.
Cameron Bechtold, the owner of Born United responded to the suit with “We love and respect Buc-ee’s and we are happy to discuss any concerns that they might have. Born united stands for God, Freedom, and Country. We are strong supporters of our veteran, military, and first responder community.” Born United has not issued any further statements since the publication of this article.
What do you think?
While one could argue that consumers are unlikely to confuse either company as being affiliated with Buc-ee’s, the brand has long been known for aggressively protecting its intellectual property. Buc-ee’s has previously filed lawsuits against three separate gas station companies for using logos resembling its iconic beaver mascot. Although those cases remain unresolved publicly, they are well within its rights to defend its intellectual property against dilution and trademark infringement.