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Beavers Are Not Moose: Buc-ee’s Sues Competitor Over Cartoon Moose Branding – Above the Law

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.


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


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