from the dammed-if-you-do dept
A couple of weeks back, we discussed famed southern convenience store chain Buc-ee’s and its penchant for initiating all kinds of trademark related threats and lawsuits. While we talk about this sort of thing a lot around here, the company’s actions have been particularly silly. When taken in sum total, you’re left with the idea that Buc-ee’s seems to think that it is the only company involved in the food and/or drinks business that is allowed to have a cartoon animal as its logo. Think I’m exaggerating? The company argued that its beaver logo looked too similar to that of an alligator. And a chicken. And a guy eating a hotdog.
Well, the company is still at it, but at least it’s a tad bit closer to trademark reality in this instance. That said, its latest lawsuit is still likely to run into a significant challenge, after it went after an apparel store that specifically sells clothes that parody brands.
The Texas-based Buc-ee’s filed the suit against Born United.
Buc-ee’s operates a chain of travel centers and convenience stores across nine states, including South Carolina. A “significant and growing portion” of the company’s business involves making, distributing and selling clothing prominently featuring the Buc-ee’s trademarks, the lawsuit, filed last Tuesday, states.
Born United sells clothing and other merchandise bearing patriotic themes and slogans and operates under the slogan, “Bringing brands together that stand for freedom,” the suit alleges. Court documents state it offers its own private label products as well as merchandise from third-party brands like Grunt Style, Palmetto State Armory, Nine Line Apparel, and others.
And here is an example of one of the parody images in question.
In the MSN post, the owner of Born United is quoted saying that they love Buc-ee’s and would be willing to discuss their concerns. That flies in the face of the store’s failing to respond to a C&D Buc-ee’s sent, as well as comments from a minority owner named Tom Fernandez, who also happens to be a state senator in South Carolina.
Now, nobody is attempting to claim that Born United didn’t use a large portion of the Buc-ee’s logo and branding in its shirts, of course. Instead, the store used a portion of that branding, added to it to make a parody that aligned with the store’s values, and then sold them in its own storefront. That reads like fairly clear parody to this writer, but it is also undeniably the case that this sort of use is unlikely to confuse anyone into thinking that Buc-ee’s has somehow gotten into the business of creating a gun-toting version of its beaver in military garb. Combine that with the Born United name being prominently displayed and any such concern gets even more silly.
It sounds like Born United is prepared to fight this out. Having a sitting state senator on your side probably doesn’t hurt either. Perhaps the beaver finally bit off more than it can chew.
Filed Under: parody, trademark
Companies: born united, buc-ee’s
