Beavers Are Not Moose: Buc-ee’s Sues Competitor Over Cartoon Moose Branding

Trademark

from the oh-buc-off dept

Alright, I think it might be time for a wellness check on the people running Buc-ee’s.

I realize that these chain of gas and convenience stores has a strange cult following in the south. I won’t pretend to understand why that is, but whatever. Unfortunately, the company also appears to be run by a bunch of trademark bullying jackwagons. I’ve referred to Buc-ee’s as the Monster Energy of gas stations, because the company appears to think that trademark law allows it to own the concept of a cartoon animal mascot in any tangential industry. They have bullied and/or sued many, many companies under this premise. Because most of its victims are smaller companies, they have gotten a lot of settlements out of these bullying efforts.

But those settlements don’t make the bullying legitimate. Buc-ee’s views on what trademark law allows it to own and control are fantasy. They’re still out here doing their bullying thing, though, with the latest example being its decision to sue a company that runs a gas station called “Mickey’s”. I’ve embedded the suit below, but here is a sample of the claims in the filing made against the gas station chain.

Like the Buc-ee’s Marks, Defendant’s Logos incorporate a cartoon animal facing right with wide eyes and a smile, overlaying a round background…also uses red as a predominant color in its interior and exterior signage, as well as employee uniforms and anthropomorphic representations of its cartoon moose mascot…also uses red as a predominant color in its interior and exterior signage, as well as employee uniforms and anthropomorphic representations of its cartoon moose mascot.

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, given the similarity of the parties’ logos, trade channels, and consumer bases.

And here, dear readers, is the very similar branding that the lawsuit references.

Once again, as with past Buc-ee’s trademark suits, the claims simply fall apart on inspection of the evidence. These logos are not similar. They don’t use the same overall color schemes. They feature easily distinguishable cartoon animals as mascot. A beaver is not a moose, which is a sentence I never thought I’ve have to type out on a keyboard. Likewise, a hexagon is not round, another thing I’d never thought I’d have to write. This is all very, very stupid, and not at all concerning from a customer confusion standpoint.

Despite that, the suit alleges that Mickey’s has “used” the Buc-ee’s logos to enrich themselves. It’s bonkers. In addition, Buc-ee’s has petitioned the USPTO to cancel the trademark registrations Mickey’s has for its branding.

Why is this company so beloved? They truly seem like craven bullies above all else. None of this is trademark infringement and I certainly hope the owners of Mickey’s are prepared to fight this fight. Because Buc-ee’s doesn’t somehow have a monopoly on cartoon character mascots. Not for its industry, never mind others.

Filed Under: beaver, moose, trademark
Companies: buc-ee's, mickey's