As we approach the end of December, we’ve reached that time of year when the sweet scent of freshly baked cookies fills the air, stores are bustling with shoppers hoping to catch a deal on a must-have item, millions of brightly colored lights twinkle in the neighborhoods, and millions of folks take to the roads and skies to visit loved ones and share holiday cheer. AAA Texas projects that 9.1 million Texans will travel 50 miles or more from home during the period that runs from Saturday, December 21 to Wednesday, January 1. Of those 9.1 million people, 8.5 million are expected to hit the highways. One can just bet that out of that 8.5 million, a majority will pull off the highway, beckoned by the smiling beaver in the yellow circle. Buc-ee’s, a chain of convenience stores and gas stations that first opened in 1982, has 35 locations in Texas and has since expanded its operations to other locations in the southern United States. For people here in Texas, though, Buc-ee’s is more than a roadside convenience, it is a mecca where one can find the cleanest restrooms, beef jerky, Beaver Nuggets, and apparel featuring its iconic beaver mascot. It is a business model that many seek to replicate with its brand recognition and popularity.
It is often said that “imitation is the sincerest form of flattery,” but this adage fails to mention that imitation can also lead to litigation. Last month, Buc-ee’s filed a lawsuit in the Western District of Missouri against Duckees Drive Thru, a Missouri-based liquor store, alleging trademark infringement. Buc-ee’s claims that the Duckees name and logo are “nearly identical” and will likely lead to confusion. The offensive logo features a cartoon duck, a yellow background circle, and a black outline around the animal. Buc-ee’s seeks an injunction to prevent further use of the name or logo and destruction of any merchandise on which they appear.
This is not Buc-ee’s’ first rodeo. Buc-ee’s is quite protective of its intellectual property, as evidenced by its active and successful attempts to defend its brand from unfair competition and infringement. Both in and out of court, the beaver has prevailed over a cowboy hat-wearing alligator, a ready-for-tubing beaver, and a pair of smiling chickens. We’ll just have to wait and see whether the duck will be able to stay afloat.