A small Georgia convenience store chain is fighting back after Buc-ee’s sued over its cartoon mascot. Teddy’s Market now wants a federal judge to cancel the company’s disputed trademark registrations.
Buc-ee’s filed its complaint May 1 in the U.S. District Court for the Northern District of Georgia. It argues Teddy’s branding could confuse customers and weaken the distinctiveness of Buc-ee’s registered marks.
Teddy’s denies infringing on those marks. Its counterclaims accuse Buc-ee’s of making false statements to the U.S. Patent and Trademark Office when registering its branding.
Those accusations have not been proven in court. As of Aug. 6, Buc-ee’s had not publicly responded to the counterclaims, and the judge had not decided whether either side’s allegations were valid.
The fight centers on two cartoon animal mascots
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WSB-TV in Atlanta, an ABC affiliate, reported that Buc-ee’s objects to Teddy’s mascot, name and store-entrance statue. Buc-ee’s says the companies provide competing gas station and convenience-store services in overlapping areas of Georgia.
Teddy’s argues its businesses operate differently. CBS News Atlanta reported that Teddy’s described its Canton and Ball Ground locations as small neighborhood stores with BP-branded pumps, no interstate visibility and no branded merchandise comparable to Buc-ee’s products.
The counterclaim alleges Buc-ee’s derived its beaver from Bucky Beaver, an older mascot used to promote Ipana toothpaste. Teddy’s claims Buc-ee’s later made false declarations to federal trademark officials.
What each company wants from the court
Buc-ee’s wants Teddy’s to stop using the disputed branding and destroy related materials. It is also seeking Teddy’s profits, damages, and rejection of its pending trademark applications.
Teddy’s wants the court to declare that its name and logo do not infringe Buc-ee’s trademarks. It is also requesting cancellation of Buc-ee’s registrations, an injunction and reimbursement of its legal costs.
In its filing, Teddy’s called Buc-ee’s a “trademark bully.” Buc-ee’s has not been found liable for trademark fraud, and Teddy’s has not been found liable for infringement.
We will see how this case shakes out. What’s your take on it?