SPRINGFIELD, Mo.— The popular gas station chain, Buc-ee’s, filed a federal trademark complaint against nearby gas station, Barc-ee’s.
Buc-ee’s lawsuit accuses Barc-ee’s of trademark infringement, trademark dilution, unfair competition and false designation of origin, misappropriation and unjust enrichment.
The Buc-ee’s chain has operated for over four decades and currently has over 50 stores between Missouri and eight other states. It’s become well known with a signature beaver mascot wearing a red cap on nearly all the store’s merchandise.
Barc-ee’s opened in Marshfield, Mo. in 2024, not far from one of Buc-ee's Missouri locations. It advertised itself in this announcement from last June as “inspired by the well-known Buc-ee’s.” Their mascot featured a small dog wearing a blue hat while riding in a car holding a coffee cup. The slogan, “Where every tail has a tale!” can be seen on the Bar-cee’s website.
It opened as a location for travelers with pets featuring a dog park, coffee shop, food, games and a western-themed miniature city for kids. In that announcement, Barc-ee’s mentioned plans to advertise on I-44 up to 600 miles out with billboards featuring friendly jabs at Buc-ee’s, including a potential sign involving a dog and a beaver.
Buc-ee’s stated in its lawsuit, “by using the Barc-ee’s Mark, a colorful imitation of the Buc-ee’s Word Trademark, Defendants have violated Buc-ee’s right in the Buc-ee’s Word Trademark.”
Before being open for a year, Barc-ee’s temporarily closed in early March for some “new and exciting updates.” However, due to unexpected construction challenges, Barc-ee’s announced on March 12 they were temporarily closing until further notice.
Buc-ee’s filed their lawsuit against Barc-ee’s on March 19.
On March 24, Barc-ees posted on social media a response to the lawsuit while providing an update to their own temporary closure.
“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,” posted John Lopez, Owner of Barc-ee’s. “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 rare does a small dog go into a fight with a big beaver and come out on top.”
Two days later, Barc-ee’s posted a large sad face with a notice that Meta was potentially going to shut down their page.
The tale of taking on the beaver up the road appears to have Barc-ee’s turning tail and headed for rebranding. In a March 31 post, Barc-ee’s hints at a rebranding.
In the court filing, Buc-ee’s seeks judgement that Barc-ee’s infringed on their trademark. They request an injunction against Barc-ee’s and an order for them to destroy all products deemed an infringement of the Buc-ee’s Trademark. Additionally, Buc-ee’s seeks any profits made by Barc-ee’s, damages and costs related to courts.
