Popular rest-stop chain Buc-ee’s is suing a rival company for copyright infringement, claiming that its new logo looks too much like its own famous mascot.
In a lawsuit obtained by The Independent, Buc-ee’s says that changes made by Ohio-based gas station Mickey’s are causing customer confusion and affecting its “iconic brand.”
Buc-ee’s operates over 50 gas stations across the U.S., as well as boasting the largest convenience store in the world, which stretches across 75,000 square feet and operates 120 gas pumps.
The American chain of enormous gas stations and general stores has become known for roadside snacks – featuring BBQ brisket sandwiches and its signature Beaver Nuggets – as well as the “world’s cleanest bathrooms” and the “friendliest” beaver mascot. Over the years, it has attracted a cult following across the country.
The main claim in the lawsuit revolves around the chains’ mascots, with Buc-ee’s alleging trademark infringement and unfair competition.
Buc-ee’s logo features a smiling cartoon beaver in a red hat, set against a yellow circle. Mickey’s new logo features a smiling cartoon moose in no hat, set against a red hexagon.
“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,” the lawsuit states.
Lawyers also highlighted the recent transition from the name of “Mickey Mart” to “Mickey’s,” arguing that it “more closely resembles Plaintiff’s BUC-EE’S mark.”
In addition, Mickey’s “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.” Buc-ee’s claims that Mickey’s “unauthorized use” of its own logos “is likely to cause confusion among consumers.”
“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,” the suit claims.
It added that the likelihood of confusion was also exacerbated by Mickey’s transition to a new name, “predominant use of the color red, as well as to a logo that also closely resembles Plaintiff’s distinctive logos.”
The suit adds: “Defendant’s unauthorized use of Defendant’s Logos enables Defendant to trade on the goodwill built up at great labor and expense by Plaintiff over many years, and to gain acceptance for its goods and services not solely on its own merits, but on the reputation and goodwill of Plaintiff, its Buc-ee’s Marks, and its products and services.
“Defendant’s unauthorized use of Defendant’s Logos unjustly enriches Defendant at Plaintiff’s expense.”
The lawsuit asks the court to permanently block Mickey’s from using the disputed logos and to destroy all related materials. It has demanded a jury trial in the case.
Buc-ee’s filed a petition to cancel trademark registrations by Mickey’s with the U.S. Patent and Trademark Office in August last year.
The Independent has contacted Mickey’s for comment on the lawsuit.
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