First was Choke Canyon. Then came Duckees. One month later, Super Fuels went under the microscope. This week, a canine-focused Missouri business became the latest target of legal action from a popular Texas-based super rest stop. Ladies and gentlemen: It’s Buc-ee’s vs. Barc-ee’s.
Buc-ee’s filed a lawsuit Wednesday in U.S. Western District Court of Missouri against EJL Acquisitions and Home Away From Home Dog Training, alleging their indoor-outdoor-dog-and-game-yard-cum-coffee-shop Barc-ee’s is infringing on its trademark since it’s a business offering similar services and products with a “confusingly similar” name and logo.
“Defendants’ unauthorized use of the Barc-ee’s Mark and the Barc-ee’s Logo, which are confusingly similar to the Buc-ee’s Trademarks, will allow Defendants to receive the benefit of the goodwill built up at the great labor and expense by Buc-ee’s in the Buc-ee’s Trademarks, and further will allow Defendants to gain acceptance for their services and products based on their own merits, but on an association with the reputation and goodwill of Buc-ee’s,” read a complaint submitted Wednesday in court.
In June 2024, Barc-ee’s announced its impending arrival in Marshfield, Missouri. According to a story then by the Springfield News-Leader in Springfield, Missouri, Barc-ee’s owner John Lopez hoped his business would be a popular stop in the Ozarks for dog owners.
“Most of the time when you’re traveling with your dog, you’re kind of just holding the leash while you’re pumping gas,” Lopez told the News-Leader.
Per the News-Leader’s 2024 article, the 7,500-square-foot Barc-ee’s would include a dog park, have food and coffee, sell antiques and Amish pies, have a Tesla charging station and “a Western-themed miniature city for kids.” Plus, Barc-ee’s hoped to advertise its business “up to 600 miles” away from its location via billboards along Interstate 44, a tactic employed by Buc-ee’s.
Citing Buc-ee’s, Lopez told the News-Leader in 2024 that his legal team “confirmed there are no issues with the similar names.”
Meanwhile, Barc-ee’s logo is of a smiling, hat-wearing dog driving a pink convertible while clutching a coffee cup. Buc-ee’s alleges in the complaint that the Barc-ee’s logo “copies and/or mimics important aspects” of Buc-ee’s well-known cartoon beaver logo.
Barc-ee’s soft-opened in October 2024 and celebrated a grand opening in January. According to the complaint filed Wednesday, Buc-ee’s claims Barc-ee’s had full knowledge of Buc-ee’s and its trademarks, using the quotes in the News-Leader report as evidence.
Choke Canyon was almost a decade ago, but it actually wasn’t the first logo lawsuit filed by Buc-ee’s. Duck-ee’s and Super Fuels are more recent, and there was a lawsuit against a “Buky’s” gas station/convenience store in between. The two most recent lawsuits were filed after Barc-ee’s soft opening, so perhaps their legal beagles could be forgiven for not knowing about them, but come on. You cannot be serious with this claim that there would be no legal issues with that name, given the history and Buc-ee’s willingness to sue anything that moves.
Barc-ee’s has temporarily closed to deal with some electrical issues, while acknowledging the lawsuit against them. My advice to them would be to come up with a new name when they reopen. I’ll charge you half of what your existing lawyers charged you for their advice, Barc-ee’s.
Why not “Barkers”?
Buck-ee’s must really think that the general public is quite stupid if all it takes to confuse them is a yellow circle or a name ending in “ee’s.”
OTOH they probably have a point.
Bucees is getting out of control. Hopefully a good judge will put them in their place.