ATLANTA — In the ongoing fight between Buc-ee’s and Georgia convenience store chain Teddy’s Market, Teddy’s is now saying “the registered Buc-ee’s Marks should be cancelled because they were obtained by fraud.”
Buc-ee’s sued Teddy’s Market in May for trademark infringement, claiming the logo for Teddy’s Market was “likely to cause consumers to associate Teddy’s with Buc-ee’s, thereby blurring the distinctiveness of the famous Buc-ee’s Marks.”
After asking a judge in June to throw out the case, Teddy’s is now counterclaiming that the Buc-ee’s logo was “obtained by fraud.”
In a court filing from last week, Teddy’s Market said that Buc-ee’s “derived its logo from the Ipana cartoon logo ‘Bucky Beaver.’”
Teddy’s claims that Buc-ee’s made “knowingly false and material misrepresentations” when applying for the trademark of their logo that they claim was derived from the “Bucky Beaver” logo.
“As a result, the declarations made to the USPTO in the applications to register the Buc-ee’s Marks were knowingly false, the registrations were fraudulently obtained, and the registered Buc-ee’s Marks should all be cancelled,” Teddy’s claimed. “If… Buc-ee’s Marks are not cancelled, Plaintiff will enjoy unlawful gain and advantage to which it is not entitled.”
The document also goes after Buc-ee’s, showing what it says is a pattern of going after convenience store chains that have stores near other Buc-ee’s locations.
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“Buc-ee’s is a trademark bully. It is attempting to use litigation and intimidation to expand unlawfully its asserted trademark rights far beyond the scope of what it has established in the marketplace or by way of its federal trademark registrations,” the document said.
Channel 2 Action News’ sister station, WHIO-TV, reported on Sunday about Buc-ee’s suing an Ohio gas station chain with the same trademark claims.
Teddy’s is now asking a judge to rule that their logo does not constitute trademark infringement. They also want an injunction preventing Buc-ee’s from threatening or filing infringement claims against them.
Teddy’s also wants “an order cancelling the registration of each and every Buc-ee’s Mark,” and payment for “attorneys’ fees, costs, and disbursements incurred in this action.”
Channel 2 Action News has reached out to Buc-ee’s for comment on this story. We are waiting to hear back.
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