Buc-ee’s, Texas’ favorite beaver-branded convenience store has reached a settlement with a Duckees, a Missouri company peddling duck-branded snacks and gas that it alleged was a copycat, according to court records.
The lawsuit, filed in November, alleged that Duckees was seeking to capitalize on Buc-ee’s brand recognition by using similar advertising — particularly the store’s anthropomorphic duck, which Buc-ee’s said “copies the most important aspects” of its logo. The lone Duckees drive-thru liquor and convenience store is in Kimberling City, near Branson, Mo.
The trial was to begin May 15, according to court records, but the companies reached a settlement in mid-April. The details of the settlement were not publicly disclosed, but images on Duckees’ Facebook page appeared to still use the anthropomorphic duck Buc-ee’s alleged the company stole.
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In a response filed in February, Duckees argued that it operated in a geographically remote area and said it was protected under the prior use doctrine, which allows small companies to use similar trademarks to established brands so long as they operate in an area where the brand is relatively unknown.
See here and here for the background. I thought this was one of the weaker lawsuits Buc-ee’s bas brought, and perhaps that was indeed true. You can’t accuse them of not defending the trademark, that’s for sure.
No more Buc-ess for this Duck-ee.