# Buc-ee's has won its federal lawsuit that accused a competitor's cartoon logo



## jdusek (Apr 7, 2006)

I got to admit did not see this coming. I agree buc-eeâ€™s should be able to protect there brand but I was never confused between a beaver and a gator. I have been to that store a lot nothing like buc-eeâ€™s. What this tells me is you cannot have any animal as a logo at a gas station.

HOUSTON (AP) - The popular Texas travel center chain Buc-ee's has won its federal lawsuit that accused a competitor's cartoon logo of an alligator licking its lips of being too similar to its own signature logo illustration of a beaver wearing a baseball cap.

Jurors in a Houston federal court deliberated about six hours before siding Tuesday with Buc-ee's in its suit against San Antonio-based Choke Canyon, a rest-stop chain specializing in barbecue.

Attorneys for Buc-ee's, headquartered in Lake Jackson, contended Choke Canyon's logo violated state and federal trademark law.

The Houston Chronicle reports U.S. District Judge Keith Ellison has asked lawyers for both companies to try to come up with wording for an injunction to deal with Choke Canyon's materials that jurors found were improper. Damages in the case remain pending.

Information from: Houston Chronicle, http://www.houstonchronicle.com


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## Cat O' Lies (May 21, 2004)

it's all about how much money you have to spend on lawyers


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## blackjack runner (Feb 24, 2015)

The jury decision on this one has me scratching my head. To me it is apparent there would be no confusion between the two logos (alligator and beaver) and cannot see any infringement or confusion of a full service gas station vs a bbque restaurant.
Cant really say I care much for choke canyon bbq. I have been to the one on 37 as well as the Blanco road location in Sa, but it almost makes me want to buy something from them.


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## wfishtx (Apr 10, 2006)

Looks like I'll be frequenting Choke Canyon every time I'm in the area.

I get protecting your trademark, but its not like they were using the same cartoon animal or the same colors even. Not a fan of larger companies putting the squeezes to Mom and Pop organizations when its not necessary and simply because they've got more financial resources to do so.

I'll continue to visit Buccee's, but if there's a Choke Canyon next door, I'll go there instead.


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## al_carl (Jan 20, 2012)

"The Buc-eeâ€™s chain, headquartered in Lake Jackson, also complained that Choke Canyon illegally mimicked its in store offerings, including friendly service, ample stock and plentiful, clean bathrooms."

How dare they!

Seriously though. This is a ding against Buc-ee's in my book. There's no way you can confuse those 2 logos. And just because Buc-ee's has clean toilets, everyone else should have nasty ones? That's ridiculous.


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## Too Tall (May 21, 2004)

I guess the new Buck-y's on Nasa 1 is next on the hit list.


I hope Choke Canyon appeals this decision. Those logos aren't similar and nothing about it makes me think of buccees.


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## Rack Ranch (May 25, 2004)

Pretty good BBQ and Ice Cold Beer by the way. And Way better than what the beaver puts out.


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## Spirit (Nov 19, 2008)

They definite need to appeal, I personally don't see any similarity.


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## MarkU (Jun 3, 2013)

The Caddyshack Gopher should sue Buc-ee's. That dude hasn't had a paying gig since CaddyshackII.


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## pocjetty (Sep 12, 2014)

Cat O' Lies said:


> it's all about how much money you have to spend on lawyers


It gets harder to call it a "justice system" all the time. The gator wasn't cutting into their business, but this case will. With me, if no one else. I don't like companies who use the courts this way.


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## ReedA1691 (Jan 29, 2018)

I will almost always come down against excessive litigation, but this is about a logo and what are distinct similarities to a predecessor's logo. 

An animal, with a hat, inside of a circle with a yellow backdrop is a lot of similarities to be a completely coincidental graphic design. It would be interesting to have been a fly on the wall in that meeting, when Choke Canyon hired the branding/graphic artist and met to strategize. I'd be willing to bet it was completely conscious. "We want something like Buc-ees logo."

At 70 mph on a freeway, I won't make the mistake, but can see how the Beaver has an argument that potential customers could be confused between the two. After all, I think we all know that about half of the drivers on the road are either aarses or complete idiots.


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## ReedA1691 (Jan 29, 2018)

I should add that I very rarely stop at Buc-ee's and will now look out for a Choke Canyon BBQ joint


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## al_carl (Jan 20, 2012)

ReedA1691 said:


> At 70 mph on a freeway, I won't make the mistake, but can see how the Beaver has an argument that potential customers could be confused between the two. After all, I think we all know that about half of the drivers on the road are either aarses or complete idiots.


I'm pretty sure most Buc-ee's customers can tell you where every location in a 100 mile radius is. No one is getting confused over this.


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## WillieT (Aug 25, 2010)

You guys shouldnâ€™t be so hard on the beaver.


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## Mont (Nov 17, 1998)

You guys would have had to sit through the trial to know the real story. I am glad it wasn't me doing the sitting through or paying for the legal fees on both sides.


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## going_deep (Apr 13, 2014)

Ive personally never understood all the hoopla around bucees...but then again ive lived within a 5 mile radius of 3 or 4 of them for 20 years


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## Spirit (Nov 19, 2008)

Mont said:


> You guys would have had to sit through the trial to know the real story. I am glad it wasn't me doing the sitting through or paying for the legal fees on both sides.


True, but I'd still appeal. Lol I do not blame Bucees at all for defending their logo. I'll still go there. I'm addicted to their sweet tea and drink at least two 44 oz-ers every day. Some one mentioned knowing all the Bucees within a hundred miles, well, I know most within 40 miles and I go to ay least nine of them regularly.


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## boat_money (May 21, 2004)

i hope everyone is my car is sleeping or not paying attention when we pass a buc-ee's. talk about adding time to a road trip. it's also a little less special now that there's one close by in katy...


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## Empty Pockets CC (Feb 18, 2009)

The whole story isnâ€™t being told here, and I would be cautious about throwing stones at the beaver until you know the facts of the case, otherwise thereâ€™s just assumptions being made. 
The beaver had every right to sue the Iranian American that owns choke and he isnâ€™t out of the woods yet as he is a copycat. 
I donâ€™t care for litigation, but in this instance the beaver did what they had to do and letâ€™s not forget the fact that they just won in federal court. That means both sides spent a lot of money and the court sided with the beaver. 
Oh, and put me down for passing both of these establishments on a weekly basis and voting that I stop at the beaver and skip the gator. 


Sent from my iPhone using Tapatalk Pro


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## I Fall In (Sep 18, 2011)

I'm not familiar with Choke Canyon. Do they sell gas, Yetis, and Chickenboys?


May 2nd


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## Liv'n_the_dream (Jun 11, 2016)

Empty Pockets CC said:


> The beaver had every right to sue the Iranian American that owns choke ....


An Iranian America, well hell I see your point. Not some pure bred real â€˜merican like you I assume

Sent from my iPhone using Tapatalk


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## Empty Pockets CC (Feb 18, 2009)

Liv'n_the_dream said:


> An Iranian America, well hell I see your point. Not some pure bred real â€˜merican like you I assume
> 
> Sent from my iPhone using Tapatalk


No, Iâ€™m a Norwegian American that speaks fluent Spanish. Whatâ€™s your point? You racist or something? Donâ€™t like Americans?

Sent from my iPhone using Tapatalk Pro


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## Liv'n_the_dream (Jun 11, 2016)

Empty Pockets CC said:


> No, Iâ€™m a Norwegian American that speaks fluent Spanish. Whatâ€™s your point? You racist or something? Donâ€™t like Americans?
> 
> Sent from my iPhone using Tapatalk Pro


Youâ€™re the one who pointed out his heritage. I donâ€™t see your point in even bringing it up. I think American is enough, see no need for hyphenated Americans.

Sent from my iPhone using Tapatalk


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## Family Style (Jun 15, 2004)

Iâ€™m am out on both places.
I miss beach bait and tackle in Surfside.
I guess that makes old....lol

Back in the day there were high school kids that took your ice to the boat for you.


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## Trouthunter (Dec 18, 1998)

> The gator wasn't cutting into their business, but this case will. With me, if no one else. I don't like companies who use the courts this way.


Pretty much stopped going there years ago when it got stupid trying to get gas and get in and out of the stores.

Choke Canyon is a good store and to me the logo isn't even close to the beaver.

TH


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## Knot Kidding (Jan 7, 2009)

Let's see... a company uses a name that rhymes with Stuckey's with a yellow sign and Bucees sell pecan logs (which were the staple of Stuckey's) and they're sueing another company for copyright infringements????:headknock


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## ChuChu (Jan 23, 2010)

The jury would still be in deliberations if I were on that jury.


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## BretE (Jan 24, 2008)

Familystyle said:


> Iâ€™m am out on both places.
> I miss beach bait and tackle in Surfside.
> I guess that makes old....lol
> 
> Back in the day there were high school kids that took your ice to the boat for you.


Thereâ€™s something going up about where Beach Bait and Tackle use to be. Looks like maybe an overgrown convenience store.....


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## pocjetty (Sep 12, 2014)

Mont said:


> You guys would have had to sit through the trial to know the real story.


You're absolutely right, Mont, and normally I'd be right with you. But I know the basis for the lawsuit, and the outcome really had nothing to do with it for me. I felt the same way about Buc-ee's suing them to begin with: the alligator doesn't infringe.

I had hoped that Buc-ee's would come to some kind of agreement, rather than go this far with it. In any rational world, this kind of thing would never make it to a jury.


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## pocjetty (Sep 12, 2014)

Empty Pockets CC said:


> The whole story isnâ€™t being told here, and I would be cautious about throwing stones at the beaver until you know the facts of the case, otherwise thereâ€™s just assumptions being made.
> The beaver had every right to sue the Iranian American that owns choke and he isnâ€™t out of the woods yet as he is a copycat.


This isn't about rights. People in this country have a _right_ to sue for just about anything, no matter now stupid - a fact which strikes fear in the heart of just about anyone with the courage to start a business.

*The alligator doesn't infringe on Buc-ee's copyright. You yourself proved that point, when you said that you can tell the difference between them, since you choose to pull into the beaver store, and not the alligator store. If you couldn't tell them apart, you might have a point.*

The fact that the owner of Choke is an "Iranian American" is immaterial, and making that an issue is despicable. Not that it matters, but I have friends who were put into Iranian prisons when the Ayatollahs took over. They have cigarette burns on their arms and legs to prove it. They got out and managed to flee here, and started over with nothing. And, yes, one of them started up a gas station and auto repair shop, worked like a dog, and made enough to expand and create jobs. He took a lot of abuse during the hostage crisis and, strangely, during the Gulf War with Iraq - but he remained fully committed to this country for taking him in. I guess he's lucky he didn't put an alligator on his sign.


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## Whitebassfisher (May 4, 2007)

Even though there are similarities in the logos, when I look at the Choke logo by itself it doesn't make me think of Buc-ees. I think the writing around the Choke logo causes the difference of where I focus or what draws my attention. Does Buc-ees really think they have a monopoly on "Friendly service, ample stock and plentiful, clean bathrooms?"


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## sea sick (Feb 9, 2006)

I hope they open the biggest Choke canyon store possible across from the one in Luling on the west bound side. I'm sure the beaver would really cry about that.


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## Haute Pursuit (Jun 26, 2006)

There are only 2 reasons I stop at Bu-cee's anymore... One is the wife is with me and two is an imminent #2.


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## BullyARed (Jun 19, 2010)

al_carl said:


> "The Buc-eeâ€™s chain, headquartered in Lake Jackson, also complained that Choke Canyon illegally* mimicked its in store offerings, including friendly service, ample stock and plentiful, clean bathrooms."*
> 
> How dare they!
> 
> Seriously though. This is a ding against Buc-ee's in my book. There's no way you can confuse those 2 logos. And just because Buc-ee's has clean toilets, everyone else should have nasty ones? That's ridiculous.


So, a gas station now can sue all others for mimicking their gas station with gas pumps and store! and then website will do the same! Buc-eeâ€™s is an over price store to me. I hope McD or Whataburger is next to it.


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## Haute Pursuit (Jun 26, 2006)

Empty Pockets CC said:


> No, Iâ€™m a Norwegian American that speaks fluent Spanish. Whatâ€™s your point? You racist or something? Donâ€™t like Americans?
> 
> Sent from my iPhone using Tapatalk Pro


Aren't you in the BBQ business? That wouldn't have anything to do with your feelings on this, would it? Just asking... :cheers:


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## Chuck (May 21, 2004)

This travesty will make me avoid the beaver stores. I will however go in and use the facilities, just wont buy anything.


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## cva34 (Dec 22, 2008)

Only 3 thing I see close are, Circle/Red tounge/Water creature (Mammal and Reptile)...Stupid Jury..Black Eye fur Courts and Beavers


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## Stalkin Spots (Jan 12, 2014)

cva34 said:


> Only 3 thing I see close are, Circle/Red tounge/Water creature (Mammal and Reptile)...Stupid Jury..Black Eye fur Courts and Beavers


You forgot the hat and they are facing the same direction.


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## Its Catchy (Apr 10, 2014)

I donâ€™t know a thing about the alligator stores but I love the crab traps at Buc-eeâ€™s. They are so much better than the made in China junk you see at other sporting good stores.


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## roundman (May 21, 2004)

read somewhere that 99% of like 100 people didnt see any similarities in the 2 logos, jurors must be getting free beaver nuggets for life now, lol, only reason i ever stop at buccs is for gas now ill probably go down the road


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## ChuChu (Jan 23, 2010)

Maybe everyone should go to Buc ee's web site and let them know how you feel?

https://buc-ees.com/contact.php


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## Bozo (Jun 16, 2004)

Good thing the courts put a halt tho this. I went into what was obviously a bucees for some beaver nuggets but could only find gator balls. When I asked the clerk where the beaver nuggets were, he said at bucees. Huh?.


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## irbjd (Aug 11, 2005)

Here's the Original Complaint filed in federal court if anyone wants to read it. Lot more to it than just the logo.

http://dig.abclocal.go.com/ktrk/PICS/JULY16/bucees.pdf


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## TIMBOv2 (Mar 18, 2010)

Chuck said:


> This travesty will make me avoid the beaver stores. I will however go in and use the facilities, just wont buy anything.


Thought you said you were going to avoid the beav?


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## TranTheMan (Aug 17, 2009)

Screenshot-1.png

LOL. Items c, d, f, g, h, i and j are just ridiculous, but apparently jurors agreed with Bucee's.


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## longhornbubba (Jul 7, 2006)

Sounds like Choke Canyon hired a knock-off lawyer as well.


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## wfishtx (Apr 10, 2006)

TranTheMan said:


> Screenshot-1.png
> 
> LOL. Items c, d, f, g, h, i and j are just ridiculous, but apparently jurors agreed with Bucee's.


By those standards, Buccees should start suing every gas stations across the country that has large bathrooms, more than a few gas pumps, and food.

Lost a lot of respect for Buccees after this. Looks like non-enthanol gas and DEF are about the only things I'll be buying from them going forward.


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## pocjetty (Sep 12, 2014)

TranTheMan said:


> Screenshot-1.png
> 
> LOL. Items c, d, f, g, h, i and j are just ridiculous, but apparently jurors agreed with Bucee's.


Thanks for posting that. Now I know more of the facts, and it just makes things worse.



irbjd said:


> Here's the Original Complaint filed in federal court if anyone wants to read it. Lot more to it than just the logo.
> 
> http://dig.abclocal.go.com/ktrk/PICS/JULY16/bucees.pdf


The thing is, you can't patent or copyright an idea. That's fundamental to the law. A judge should have ruled against even allowing most of those things to be considered by the jury. Then you're looking at a much shorter list, and the biggest thing is still the animal logos.


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## Bocephus (May 30, 2008)

No way in hell I would have sided with Buc-ee's.


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## pocjetty (Sep 12, 2014)

ChuChu said:


> Maybe everyone should go to Buc ee's web site and let them know how you feel?
> 
> http://buc-ees.com/contact.php


I did it yesterday. Their website is obnoxious, too.

Are you an employee? No
Is this about returning merchandise or a damaged item? No
Is this about applying for a job? No
Is this about your job application status? No
Is this about....etc.? No
Okay, fine, you can type something that we'll just ignore anyway.

They didn't even send the auto-reply they said would go to my e-mail. But, hey, they did say that if I don't get a response, try again.

Buh bye, Buc-ee.


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## Trouthunter (Dec 18, 1998)

Well I read that and can't figure out how the jury decided in their favor.


Oh well like I said I don't go there anyway.


TH


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## pocjetty (Sep 12, 2014)




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## MarkU (Jun 3, 2013)

New logo idea...


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## wbay2crowded (Jul 13, 2007)

pocjetty said:


> ...
> 
> Buh bye, Buc-ee.


Buh bye, McDonald's.

Hello, McDowell's


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## sea sick (Feb 9, 2006)

The way the lawsuit is written, I'm surprised car manufacturers aren't suing each other, or boat manufacturers, or fast food joints, retail stores,,,,darn near any type of business.


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## TexasWineGuy (Jun 19, 2017)

Further evidence that the jurors were idiots. I just cannot fathom how they could side with Bucees.



TWG :headknock


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## THA (Jan 5, 2016)

Have you noticed something between the two logos that should mean something.

Choke Canyon alligator has a TM for trademark beneath it.
Buc-ee's does not. Unless this picture is not the actual logo.


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## pocjetty (Sep 12, 2014)

That roofline... the paint color... they're practically identical!


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## TranTheMan (Aug 17, 2009)

I am particularly worried about item (d) Using of khaki paint (... I think it is "pants".)

I would be without pants if Buc-ee's decides to sue me becasue most of my business casual pants are khaki!


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## Its Catchy (Apr 10, 2014)

I heard the final straw was when the gator store started selling ethanol free gas!


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## CAMDEX (Jul 29, 2013)

blackjack runner said:


> The jury decision on this one has me scratching my head. To me it is apparent there would be no confusion between the two logos (alligator and beaver) and cannot see any infringement or confusion of a full service gas station vs a bbque restaurant.
> Cant really say I care much for choke canyon bbq. I have been to the one on 37 as well as the Blanco road location in Sa, but it almost makes me want to buy something from them.





Mont said:


> You guys would have had to sit through the trial to know the real story. I am glad it wasn't me doing the sitting through or paying for the legal fees on both sides.





Bocephus said:


> No way in hell I would have sided with Buc-ee's.





Trouthunter said:


> Well I read that and can't figure out how the jury decided in their favor.
> 
> Oh well like I said I don't go there anyway.
> 
> TH





TexasWineGuy said:


> Further evidence that the jurors were idiots. I just cannot fathom how they could side with Bucees.
> 
> TWG :headknock


To keep it simple, we have an adversarial system of law. Basically, who presents the better argument (in this case, a civil trial) to a preponderance of evidence.

In the end, to answer your questions of "how", it all depends on the instructions to the jury.


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## pocjetty (Sep 12, 2014)

sea sick said:


> The way the lawsuit is written, I'm surprised car manufacturers aren't suing each other, or boat manufacturers, or fast food joints, retail stores,,,,darn near any type of business.


.


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## had2reg (Aug 25, 2005)

If you got a beaver with a hat on your signage, Buc-ee's is coming to get you.


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## ChuChu (Jan 23, 2010)

CAMDEX said:


> To keep it simple, we have an adversarial system of law. Basically, who presents the better argument (in this case, a civil trial) to a preponderance of evidence.
> 
> In the end, to answer your questions of "how", it all depends on the instructions to the jury.


Do you think the outcome would have been the same if the trial would have been in San Antonio?


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## Friendswoodmatt (Feb 22, 2005)

*Buceeswas right*

I am on the other side of the isle on this. I read the lawsuit and looked at the pics-- If I had invested all the time effort and energy it takes to succeed in the gasoline retail business and developed a following like bucees has-- I would have sued too-- I think this is pretty blatant ripping off of the theme bucees cultivated. If you just read what is posted here about many gas pumps then you will not know the true story-- so - Read the lawsuit and look at the products pics-- is makes a lot more sense then. You guys wouldn't hesitate to protect your hard earned property if someone tried to build their fence on your hard earned land but these guys a villians for doing the same thing. Sorry I must disagree


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## Old sailor (Mar 30, 2014)

Simple, both are round so they're obviously the same.


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## wfishtx (Apr 10, 2006)

Friendswoodmatt said:


> I am on the other side of the isle on this. I read the lawsuit and looked at the pics-- If I had invested all the time effort and energy it takes to succeed in the gasoline retail business and developed a following like bucees has-- I would have sued too-- I think this is pretty blatant ripping off of the theme bucees cultivated. If you just read what is posted here about many gas pumps then you will not know the true story-- so - Read the lawsuit and look at the products pics-- is makes a lot more sense then. You guys wouldn't hesitate to protect your hard earned property if someone tried to build their fence on your hard earned land but these guys a villians for doing the same thing. Sorry I must disagree


I'm not sure building a fence on someone's property is quite the same as what's going on here. I'd equate this more to you suing someone for using the same color brick, the same material counter tops, the same garage doors, and the same number of bathrooms in their house as you did in yours' simply because you can.


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## Spec-Rig.006 (Nov 2, 2007)

Friendswoodmatt said:


> I am on the other side of the isle on this. I read the lawsuit and looked at the pics-- If I had invested all the time effort and energy it takes to succeed in the gasoline retail business and developed a following like bucees has-- I would have sued too-- I think this is pretty blatant ripping off of the theme bucees cultivated. If you just read what is posted here about many gas pumps then you will not know the true story-- so - Read the lawsuit and look at the products pics-- is makes a lot more sense then. You guys wouldn't hesitate to protect your hard earned property if someone tried to build their fence on your hard earned land but these guys a villians for doing the same thing. Sorry I must disagree.


Agreed. Copyright and Trademark infringement is a HUGE deal, and strategic to a lot of business. The owner of Bucee's is a fantastic friend of one of our lease members - couldn't be a nicer guy. I'm not seeing a lot of frivolousness in this.


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## Friendswoodmatt (Feb 22, 2005)

Plus it lawyer speak put a ton of stuff into the suit and see what sticks to the wall -- but these businesses are similar enough I see the infringement-- and hey-- So did the jury.


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## Bocephus (May 30, 2008)

Fark Buc-ee's !

:mpd:


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## pocjetty (Sep 12, 2014)

Friendswoodmatt said:


> I am on the other side of the isle on this. I read the lawsuit and looked at the pics-- If I had invested all the time effort and energy it takes to succeed in the gasoline retail business and developed a following like bucees has-- I would have sued too-- I think this is pretty blatant ripping off of the theme bucees cultivated. If you just read what is posted here about many gas pumps then you will not know the true story-- so - Read the lawsuit and look at the products pics-- is makes a lot more sense then. You guys wouldn't hesitate to protect your hard earned property if someone tried to build their fence on your hard earned land but these guys a villians for doing the same thing. Sorry I must disagree


Just out of curiosity, what do you think about this product being sold in HEB stores? Does it remind you of any other well-known product? They look just like Cheetos, they taste just like Cheetos, and they are packaged almost exactly like Cheetos. Why do you think Frito Lay doesn't sue HEB over it? HEB also has a knock-off drink called Dr B, but they don't get sued over it. Don't you think Apple would have cornered the market for smart phones, and blocked Android, if they could? Competition is a good thing.

Most of the products you're talking about are generic things like caramel popcorn and nuts - and those exact same products are sold everywhere. The fact that they put an alligator on the package doesn't change the fact that they are selling the same caramel popcorn and nuts as a thousand other stores. If Buc-ee's had some proprietary recipe, and Choke copied it, that would be a different story.

Not trying to beat you up, just say WHY I think the outcome is ridiculous.


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## Rack Ranch (May 25, 2004)

Well shoot, they should have just told them that in the beginning and stopped all this nonsense... :walkingsm


Spec-Rig.006 said:


> Agreed. Copyright and Trademark infringement is a HUGE deal, and strategic to a lot of business. *The owner of Bucee's is a fantastic friend of one of our lease members - couldn't be a nicer guy. *I'm not seeing a lot of frivolousness in this.


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## pocjetty (Sep 12, 2014)

Spec-Rig.006 said:


> Agreed. Copyright and Trademark infringement is a HUGE deal, and strategic to a lot of business. The owner of Bucee's is a fantastic friend of one of our lease members - couldn't be a nicer guy. I'm not seeing a lot of frivolousness in this.


Well they made me not like them. Plain and simple. I think it was unnecessary, and a blatant attempt to use the courts to stop a competitor. And it worked. I'm sure they're nice people, and we all have a right to our opinions. But I'm not a fan of this.

Fort the record, the picture below is an example of infringement. A beaver and an alligator? Not so much. Don't be surprised if this gets appealed in a different place where the jury isn't full of Buc-ee's fans, and it gets reversed. If Choke has deep enough pockets.


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## sea sick (Feb 9, 2006)

Rack Ranch said:


> Well shoot, they should have just told them that in the beginning and stopped all this nonsense... :walkingsm


Bahahahahahahahahahahahahahaha


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## sea sick (Feb 9, 2006)

Like I said, I'd open one up across the street if possible from any location bucces had. F THEM. Bigger and better. That lawsuit was a joke.


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## pocjetty (Sep 12, 2014)

Last I'll say about it. The makers of Monster Energy Drinks are suing a little micro-brewery from the northeast, because they make an ale (since 2006) that they call "Vermonster". It's a David vs. Goliath thing, and it's just as stupid and just as abusive as the Buc-ee's lawsuit. You can see from the logos below how people might be confused... right?

Still not stupid and abusive enough? Monster Energy Drinks has also sued the "Monster Aquaria Network" because, apparently, people can't tell the difference between an energy drink and fish tank water.

What Bucee's did is no different from the Monster cases. I'm with Bocephus. Fark Buc-ee's, and the beaver they rode in on.


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## S-3 ranch (May 26, 2004)

Yeah fark bucees , they are very lawsuit happy , choke canyon bbq , came up with a very novel idea, to have clean restrooms south of I 35 south , they are the only place in south Texas that doesnâ€™t have P on every toilet seat and a barrel full of dirty ***** paper in every stall . From what I read they are in a lawsuit with a different buckys from Illinois or Nebraska , who opened like 15 years before them 
http://www.star-telegram.com/news/state/texas/article139002443.html

Bucees is just beating up on the smart wimpy kid on the block to show the other big kids it means business


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## Rubberback (Sep 9, 2008)

pocjetty said:


> Just out of curiosity, what do you think about this product being sold in HEB stores? Does it remind you of any other well-known product? They look just like Cheetos, they taste just like Cheetos, and they are packaged almost exactly like Cheetos. Why do you think Frito Lay doesn't sue HEB over it? HEB also has a knock-off drink called Dr B, but they don't get sued over it. Don't you think Apple would have cornered the market for smart phones, and blocked Android, if they could? Competition is a good thing.
> 
> Most of the products you're talking about are generic things like caramel popcorn and nuts - and those exact same products are sold everywhere. The fact that they put an alligator on the package doesn't change the fact that they are selling the same caramel popcorn and nuts as a thousand other stores. If Buc-ee's had some proprietary recipe, and Choke copied it, that would be a different story.
> 
> Not trying to beat you up, just say WHY I think the outcome is ridiculous.


I was watching a guy buy a bag of Lays Fritos yesterday and they were not the 2 for or not the next's size up but the next size. 3.89 a bag.
Your right thank god for knock offs. I'm not paying 4 bucks for a bag of chips.


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## thinshavings (May 11, 2010)

Just sent Buc-ee's a nasty gram.


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## TOM WEBER (Aug 14, 2005)

I find it interesting that Bucees became a huge marketer of RTIC before the lawsuit was litigated with Yeti..You have to be brainless not to see the similarity....and irony


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## sea sick (Feb 9, 2006)

TOM WEBER said:


> I find it interesting that Bucees became a huge marketer of RTIC before the lawsuit was litigated with Yeti..You have to be brainless not to see the similarity....and irony


Eyes wide open!


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## Texasfisherman57 (Mar 2, 2008)

This should have been a no-brainer. I like Buc-ees but these two logos are nothing alike.


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## fishin shallow (Jul 31, 2005)

pocjetty said:


> Just out of curiosity, what do you think about this product being sold in HEB stores? Does it remind you of any other well-known product? They look just like Cheetos, they taste just like Cheetos, and they are packaged almost exactly like Cheetos. Why do you think Frito Lay doesn't sue HEB over it? HEB also has a knock-off drink called Dr B, but they don't get sued over it. Don't you think Apple would have cornered the market for smart phones, and blocked Android, if they could? Competition is a good thing.
> 
> Most of the products you're talking about are generic things like caramel popcorn and nuts - and those exact same products are sold everywhere. The fact that they put an alligator on the package doesn't change the fact that they are selling the same caramel popcorn and nuts as a thousand other stores. If Buc-ee's had some proprietary recipe, and Choke copied it, that would be a different story.
> 
> Not trying to beat you up, just say WHY I think the outcome is ridiculous.


Because they sell a lot of their products is why.


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## Friendswoodmatt (Feb 22, 2005)

Ok guys-- vote with your wallets-- big guy beat up on the little guys so show them you dont agree! Don't patronize them no matter how cheap the corn and ice are -- if enough people do this, maybe I can get out of one of that place in less that 45 minutes next time. I support you!
Oh and Twebber-- you are correct-- they dont like it when the shoe is on the other foot.


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## 2wahoo (May 21, 2004)

Gimme Prasekâ€™s anytime when headed to Houston.

I will watch for Choke Canyon BBQ from now on.

Never have liked that beaver store.


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## H2 (Jan 11, 2005)

Friendswoodmatt said:


> Ok guys-- vote with your wallets-- big guy beat up on the little guys so show them you dont agree! Don't patronize them no matter how cheap the corn and ice are -- if enough people do this, maybe I can get out of one of that place in less that 45 minutes next time. I support you!
> Oh and Twebber-- you are correct-- they dont like it when the shoe is on the other foot.


I agree^^^

I have known Beaver Aplin since I was a teenager, he's a good guy and I don't see anything wrong in him defending his brand and business model.


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## Its Catchy (Apr 10, 2014)

I am no legal eagle. But Buc-ee's did not re create the wheel in their formula for success. It was based on Clean Bathrooms and cheap ice. I don't see the copyright infringement of the logo's for sure.

When you have success people are going to copy you. If I were the Buc'ees family I would chalk it up to "imitation is the sincerest form of flattery".

But we live in a suit happy world...


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## texasair (May 22, 2004)

Buc-ee's used to have a bill board advertising their soft drinks using the 
theme "stay thirsty my friends"
Have not seen one lately
Guess they got sued by the dos equis beer company


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## Chuck (May 21, 2004)

TIMBOv2 said:


> Thought you said you were going to avoid the beav?


I guess I should have been a bit more specific....I will no longer buy anything from them, but will gladly use their free restrooms and trashcans!


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## Bocephus (May 30, 2008)

So what happens when another store sues Buc-ee's for monopolizing the roadside store industry in Texas ?

It's obvious that's what Buc-ee's is doing.

And for you guys that think Beaver is wonderful and can do no wrong just because you hunt with him, or have known him all your life.....LMAO, give us a break. If that isn't a severe case of arse kissing, I don't know what is ! :biggrin:


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## rwooldri (Mar 6, 2006)

After reading the complaint, not knowing Mr. Bucee and refusing to stop at the zoo in Luling whether coming or going to the ranch, I would have sided with Bucees if I were sitting on that jury.


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## Haute Pursuit (Jun 26, 2006)

So, should people who buy a subdivision tract home be able to sue the developer/builder of their home for building exact copies of their home that could and would diminish the value of said home?


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## S-3 ranch (May 26, 2004)

H2 said:


> I agree^^^
> 
> I have known Beaver Aplin since I was a teenager, he's a good guy and I don't see anything wrong in him defending his brand and business model.


He maybe a great guy, but his company and their attorney are just plain awful 
A bucc-ees is coming to my home town (Boerne) and since they bought the land 
And announce they are committed, they have steam rolled every city ordinance 
On signage they are just awful to deal with if you are involved with any planning and zoning, so seeing this lawsuit didnâ€™t surprise me one bit


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## Bonestock (Jul 17, 2009)

Haute Pursuit said:


> So, should people who buy a subdivision tract home be able to sue the developer/builder of their home for building exact copies of their home that could and would diminish the value of said home?


Actually, you can. Doesn't mean you'll win but there's nothing stopping you from filing suit.


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## refugioco (Nov 13, 2005)

I was in both going to the deer lease and there is no way did I believe that I was in a Bucees. I am buying one of the Croc shirts next time may be valuable some day.


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## 98aggie77566 (Jul 7, 2009)

I don't have a dog in this fight....and can't vouch for what was shown to the jury....or the accuracy of the pic below.

But this pic made me see a different side to the argument (if accurate of course).










Sent from my iPhone using Tapatalk


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## Haute Pursuit (Jun 26, 2006)

Bonestock said:


> Actually, you can. Doesn't mean you'll win but there's nothing stopping you from filing suit.


Therein lies the problem...


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## MarkU (Jun 3, 2013)

98aggie77566 said:


> I don't have a dog in this fight....and can't vouch for what was shown to the jury....or the accuracy of the pic below.
> 
> But this pic made me see a different side to the argument (if accurate of course).
> 
> ...


Man, I hope Buc-ee's doesn't go after these folks. We designed their sign... They have a stone wall, and Khaki paint as well...


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## Bonestock (Jul 17, 2009)

Good thing that tuna isn't wearing a hat.


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## RockportRobert (Dec 29, 2006)

Bonestock said:


> Good thing that tuna isn't wearing a hat.


Or a beaver, or an alligator, or... Yep, good thing no hat.


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## cman (Apr 17, 2009)

Whataburger logo dodged a bullet. ---->>> Same basic concept as McDonald's.


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## Haute Pursuit (Jun 26, 2006)

cman said:


> Whataburger logo dodged a bullet. ---->>> Same basic concept as McDonald's.


Evidently Mc D's is secure with their business model... The Beaver place, not so much.


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## ChuChu (Jan 23, 2010)

pilar said:


> He maybe a great guy, but his company and their attorney are just plain awful
> A bucc-ees is coming to my home town (Boerne) and since they bought the land
> And announce they are committed, they have steam rolled every city ordinance
> On signage they are just awful to deal with if you are involved with any planning and zoning, so seeing this lawsuit didnâ€™t surprise me one bit


Buc ee's put the pressure on the Luling City Council to adopt a sales tax ceiling so they don't have to pay the full sales tax. It is capped at an amount that was set several years ago. Then Buc ee's did their big expansion.


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## TOM WEBER (Aug 14, 2005)

People don't stop based on a logo. See RTIC! They sell the you know what out of them even tho it is a clear cut Yeti copy. (Before the suit) VENUE is everything in these suits. Dumb down the jury...you win the case if lawyers are good. How does a lawyer for the side opposite Bucees not point that out that RTIC has lost a suit for copying Yeti but they are being sold by the bushel at Bucees everywhere


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## chacho1234 (May 4, 2010)

I was originally siding with choke on this one but after seeing the filed complaint I'm on the fence.


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## Haute Pursuit (Jun 26, 2006)

It boils down to... can you mistake the Choke Canyon place for a Bucee's place. I just don't see it.


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## sea sick (Feb 9, 2006)

chacho1234 said:


> I was originally siding with choke on this one but after seeing the filed complaint I'm on the fence.


They also sale doritos, cokes,etc.. the same stuff. 
Like HP says, can you tell the difference or do the logos look the same.


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## chacho1234 (May 4, 2010)

I agree with you haute I would not confuse the two which is why I say I'm on the fence , but it does look like the guy went to a bucees took a bunch of pics of building and merch and said build me a version of this, and that would **** me off but it happens and people rip off others ideas every day


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## BretE (Jan 24, 2008)

TOM WEBER said:


> People don't stop based on a logo. See RTIC! They sell the you know what out of them even tho it is a clear cut Yeti copy. (Before the suit) VENUE is everything in these suits. Dumb down the jury...you win the case if lawyers are good. How does a lawyer for the side opposite Bucees not point that out that RTIC has lost a suit for copying Yeti but they are being sold by the bushel at Bucees everywhere


Even more irony as to how they came up with the idea to have their grandiose bathrooms but Iâ€™m staying outta this one.....


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## WillieT (Aug 25, 2010)

I like the beaver.


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## Haute Pursuit (Jun 26, 2006)

WillieT said:


> I like the beaver.


LOL


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## hathatteras (Oct 14, 2013)

I remember when I was younger I heard Red Top supposedly sued McDonalds over the slogan â€œTexas Style Burgersâ€ Donâ€™t mess with Richard and his burgers!


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## ibtbone (Oct 7, 2013)

MarkU said:


> Man, I hope Buc-ee's doesn't go after these folks. We designed their sign... They have a stone wall, and Khaki paint as well...


Iâ€™m pretty sure that you just indicted yourself in an infringement case. You designed that? Time for you to pay up 
No other round signs will be allowed. lol

Sent from my iPhone using Tapatalk


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## Knot Kidding (Jan 7, 2009)

How is this "not" copyright infringement?


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## nsterns (Nov 17, 2011)

I don't know if it has been mentioned as I haven't read the whole thread. What about the Spankys liquor store chain? Similar logo and name


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## goatchze (Aug 1, 2006)

Haute Pursuit said:


> It boils down to... can you mistake the Choke Canyon place for a Bucee's place. I just don't see it.


No, it's more than that. Would you assume that the two are related?

The first station that Buccees went after was here in Bryan, called "chicks". We don't have any Bucees in B/CS, so when it opened, I assumed it was a Buccees-light. Sort of like an HEB Pantry versus a big HEB.

Conceptually, the stores felt identical, with the exception of size. When you walked in, the first thing you thought was "this is Buccees". Branded Tshirts, Branded Snacks, meat counter, coolers for sale, etc.

It wasn't until the lawsuit that I learned the two stores were not affiliated. And there in lies the problem; because I, and many others, had made that association due to the similarities, Buccees no longer had control of their brand. A grey area for sure, but what makes Buccees is the concept, all the pieces, put together. It's more than just the logo.


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## wfishtx (Apr 10, 2006)

goatchze said:


> No, it's more than that. Would you assume that the two are related?
> 
> The first station that Buccees went after was here in Bryan, called "chicks". We don't have any Bucees in B/CS, so when it opened, I assumed it was a Buccees-light. Sort of like an HEB Pantry versus a big HEB.
> 
> ...


I'm more likely to mistake that place for a Chicken Express or a Chick Fil A than I am a Buccees.

There's nothing proprietary about their concept. They are a convenience store with good size bathrooms. There are stores up and down any interstate in the country that do exactly what Buccees does. Granted their bathrooms may not be as clean.

Buccees believes they have created this niche concept, when in reality all they've done is expand on what's been going on for many, many years. Problem is they are going after these independent, mom and pop type places and people don't always take too kindly to bigger companies pushing their weight around simply because they can.


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## stdreb27 (Aug 15, 2011)

goatchze said:


> No, it's more than that. Would you assume that the two are related?
> 
> The first station that Buccees went after was here in Bryan, called "chicks". We don't have any Bucees in B/CS, so when it opened, I assumed it was a Buccees-light. Sort of like an HEB Pantry versus a big HEB.
> 
> ...


don't feel too sorry for him, that dude cashed out...


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## Reloading (Oct 27, 2014)

Jackson came out smelling like a rose. Good thing Stripes wanted that location, getting in/out can be a pain if you're headed south on 6.


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## jjtroutkiller (Jan 28, 2005)

wfishtx said:


> Buccees believes they have created this niche concept, when in reality all they've done is expand on what's been going on for many, many years.


Exactly, Stuckeyâ€™s was doing this long before Buceeâ€™s on the east side of town.


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## Liv'n_the_dream (Jun 11, 2016)

Knot Kidding said:


> How is this "not" copyright infringement?
> 
> View attachment 4286689
> 
> ...


The Golden Rule.... he who has the gold makes the rules. Stukees had it at one time had it, now Buccees does. Therefore Buccees wins, even though they sell ideas and concepts they stole from others.

Sent from my iPhone using Tapatalk


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## IvoryRoot1 (Jun 29, 2016)

These guys may want to look out. They could be next.


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## Knot Kidding (Jan 7, 2009)

Liv'n_the_dream said:


> The Golden Rule.... he who has the gold makes the rules. Stukees had it at one time had it, now Buccees does. Therefore Buccees wins, even though they sell ideas and concepts they stole from others.
> 
> Sent from my iPhone using Tapatalk


Stuckey's has 115 stores currently.


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## Liv'n_the_dream (Jun 11, 2016)

Knot Kidding said:


> Stuckey's has 115 stores currently.


I had no idea, only one I ever knew was on I-10 towards Beaumont. I ate many servings of the â€œ2 eggs, toast and jelly for 99Â¢â€ special back in the day.

Sent from my iPhone using Tapatalk


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## goatchze (Aug 1, 2006)

wfishtx said:


> I'm more likely to mistake that place for a Chicken Express or a Chick Fil A than I am a Buccees.


That's because you probably never went in there while it was Chicks and are just looking at the logo.

I had no idea what to expect, but the first thing I thought when I walked in the first time was "this is a little Buccees". I'm not defending Buccees in any way, other than to say I can understand their argument, and it's not just about the logo. Whether I agree or not is a different story.



Reloading said:


> Jackson came out smelling like a rose. Good thing Stripes wanted that location, getting in/out can be a pain if you're headed south on 6.


I work right next door, so it's easy for me to get in and out!


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## Reloading (Oct 27, 2014)

goatchze said:


> I work right next door, so it's easy for me to get in and out!


Kinda old to be working at McD's aren't you? :rotfl:


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