Earlier this week, fan-favorite c-store powerhouse Buc-ee’s filed a trademark infringement lawsuit against a Missouri dog park and coffee shop doing business as Barc-ee’s, owned by EJL Acquisitions and Home Away From Dog Training.
Buc-ee’s claimed in its court filing that the company used its proprietary branding without authorization in a way that would be misleading to potential customers.
“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,” the Buc-ee’s court filing read.
Buc-ee’s nearest travel center is located in Springfield, Mo., just a 40-minute drive away from Barc-ee’s.
Now, Barc-ee’s has responded. In a recent Facebook post, the company shared an update with customers, as well as an acknowledgement of the lawsuit. According to the post, Barc-ee’s has been temporarily closed due to an unrelated construction project and electrical issues.
“During this process, another matter has come to light that we know many are well aware of — a lawsuit filed against us regarding our name, likeness and logo,” the post read. “Since the beginning, we’ve been advised by legal counsel that we had every right to pursue this adventure with no infringement on any trademark filings. Expert advice was sought both before and now. That position has not changed.”
The company is, however, considering all of its options, noting that continuing under the Barc-ee’s brand “may be possible,” but if it is worthwhile is still being determined.
“Being sued is a delightful addition to the business experience that none of my mentors got me ready for. It’s like receiving a surprise gift that you never knew you wanted. This unwanted extreme team-building gift involves stakes that are high and ‘trust falls’ that involve legal documents and not people,” said John Lopez, owner of Barc-ee’s. “Although I prefer my business challenges to come with a side of coffee rather than a court summons, this is just a part of the entrepreneur game. My legal team believes we are not legally infringing on any trademarks. The remarks from a legal team that specializes in trademarks also believe that I could win if it went to trial, but it may not be worth the fight. Beavers are cunning creatures. Very rarely does a small dog go into a fight with a big beaver and come out on top.”
Lopez has assured customers that the company is hard at work, using this time to “reflect, reimagine and decide what the future of this unique venture will look like.”
