ATLANTA — A North Georgia convenience store chain is asking a judge to dismiss a lawsuit brought against it by Buc-ee’s over what it called infringement of its brand identity.
Buc-ee’s filed a federal lawsuit in May trying to get Teddy’s Market to stop operating under a “confusingly similar” brand.
In the lawsuit, Buc-ee’s claims that Teddy’s Market features ‘an anthropomorphic animal mascot depicted through a recurring logo, in-store renderings, and even a store-entrance statue.”
The Texas-based chain claims that Teddy’s logo “is likely to cause consumers to associate Teddy’s with Buc-ee’s, thereby blurring the distinctiveness of the famous Buc-ee’s Marks.”
But now, Teddy’s is firing back at the mega-convenience store chain, saying that its “shotgun pleading” fails “to link factual allegations to legal claims.”
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Among the many issues that Teddy’s brought up about Buc-ee’s lawsuit, it said that Buc-ee’s “fails to allege facts sufficient to establish any plausibility that consumers could somehow confuse Teddy’s Market with [Buc-ee’s].”
Buc-ee’s is getting ready to open its fourth location in Georgia and has more than 50 convenience stores across the country.
Teddy’s is getting ready to open a location in Decatur and brought that up in their motion to dismiss as well, saying Buc-ee’s complaint, “fails to allege facts sufficient to establish that the planned Decatur, Georgia, location has used or intends to use any of the logos, characters, or other images [Buc-ee’s] alleges to be infringing.”
In a separate filing, Buc-ee’s is asking the judge in the case for an extension to review Teddy’s motion to dismiss and file a response to the motion. They are asking to have until July 24 to file that document.
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