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Barc-ee’s, a dog park and retail business in Marshfield, Missouri, that is the subject of a trademark infringement lawsuit filed by mega-convenience-store chain Buc-ee’s Ltd., has closed temporarily, claiming “unexpected construction and electrical issues,” in a social media post before addressing Buc-ee’s allegations. “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 adds.
Barc-ee’s sells food, drinks, pet products, travel stop services and convenience items such as branded insulated tumblers. It also has a drive-thru and dog wash and offers electric-vehicle (EV) charging stations. The business’ logo and mascot is a smiling dog that Buc-ee’s alleges is too similar to its own beaver logo and mascot.
Last week, Buc-ee’s filed a lawsuit in U.S. District Court in the Western District of Missouri, Southern Division against Gladstone, Missouri-based EJL Acquisitions LLC and Home Away From Home Dog Training LLC, which operate Barc-ee’s. Lake Jackson, Texas-based Buc-ee’s claims “trademark infringement, trademark dilution, unfair competition and false designation of origin, misappropriation and unjust enrichment,” according to court documents.
“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,” Barc-ee’s said on Facebook. “Expert advice was sought both before and now. That position has not changed; however, we are currently assessing whether it is in the best interest of our team, our vision, and our community to continue moving forward. It may be possible, but if it is worth while is still being determined.”
In the post, John Lopez, owner of Barc-ee’s, quips, “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. 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.”
And leaning into animal kingdom metaphors, he says, “Beavers are cunning creatures. Very rarely does a small dog go into a fight with a big beaver and come out on top,” implying a David vs. Goliath battle.
The Barc-ee’s team concludes, “While the legal and logistical conversations unfold behind the scenes, rest assured—we are hard at work. We are using this time to reflect, reimagine and decide what the future of this unique venture will look like.”
Buc-ee’s seeks injunctive relief, and says it is entitled to recover Barc-ee’s profits, as well as damages, costs and legal fees. The retailer did not immediately respond to a CSP request for comment on the matter.
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Buc-ee’s is No. 118 on CSP’s 2024 Top 202 ranking of U.S. convenience-store chains by store count.
Buc-ee’s has 50 stores in Alabama, Colorado, Florida, Georgia, Kentucky, Missouri, South Carolina, Tennessee and Texas. The company also has broken ground on its first Virginia and Mississippi locations, and it plans to open stores in new states including Arkansas, Ohio and Wisconsin.
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