Buc-ee's sues Missouri liquor store Duckees over trademark infringement

KIMBERLING CITY, Mo. — Buc-ee's, the retail giant known for its iconic beaver mascot and expansive gas station, is suing a Missouri liquor store named Duckees over trademark infringement.

Buc-ee's formally filed a federal lawsuit on Nov. 15 through the United States District Court of Western Missouri.

According to documents obtained by FOX 2, the lawsuit accuses Duckees of violating a Buc-ee's trademark by using a logo that closely mimics its cartoon beaver logo. It claims that Duckees logo uses "the most important aspects" behind a Buc-ee's logo, specifically a smiling cartoon animal within a yellow-colored circle.

The lawsuit further alleges that Duckees has used its duck logo on merchandise such as hoodies, koozies, and beanies to generate profits.

"On information and belief, Duckees is using the DUCKEES’ Word Trademark and DUCKEES’ Logo with full knowledge of Buc-ee’s rights, and in bad faith and with willful and deliberate intent to trade on Buc-ee’s substantial recognition, reputation, and goodwill," one part of the lawsuit reads.

Buc-ee's contends that Duckees using its current logo for branding and merchandise is likely to confuse customers and create a false impression that the companies are related.

In the lawsuit, Buc-ee's claims it has multiple trademarks registered for its logo, advertising services, and the Buc-ee's name itself.

The lawsuit seeks an injunction that would prohibit Duckees from using its disputed logo, order Duckees to destroy all merchandise that uses the disputed logo, and award Buc-ee's any profits from damages resulting from the alleged trademark infringement.

Buc-ee's is represented by attorneys C. Bradley Tuck, Evans & Dixon, LLC, and Joseph J. Berghammer and Janice V. Mitrius, Banner & Witcoff, Ltd. in the lawsuit.

Buc-ee's was founded in Clute, Texas, in 1982 and has nearly 50 locations nationwide, including one in Springfield, Missouri.

Duckees does not currently appear to have legal representation listed in the lawsuit, though 2 Wiseman Enterprises LLC is listed as a defendant doing business as Duckees.

Duckees, according its Facebook page, is located at 12042 Highway 13 in Kimberling City, Missouri. The company describes itself as a liquor store with a full-service drive-thru.

The lawsuit has been assigned to U.S. District Judge Roseann A. Ketchmark.