For those readers who have not driven far enough south on I-75, Buc-ee's stores are massive oases that feature 120 fuel pumps, and a convenience store that offers food (including brisket – the chain originated in Texas) and kitschy offerings, including a host of items adorned with this logo that is becoming ubiquitous:
It features a cartoon buck toothed beaver wearing a red cap in a yellow circle.
Mickey's is a more conventional convenience store. It offers in and out fueling, but not the massive number of pumps like Buc-ee's. Its food offerings are more standard fare – breakfast sandwiches, hot dogs and chicken tenders. It too sells items featuring the moose logo:
The Mickey's logo features a moose in a red hexagon. While the moose is a cartoon, it is a more realistic representation than the Buc-ee beaver. The moose antlers jut out of the hexagon, unlike the Buc-ee beaver, whose image lies completely within the yellow circle. The moose is grinning, but shows no teeth. And unlike the Buc-ee beaver, the Mickey's moose doesn't wear a hat.
Despite these glaring differences, Buc-ee's contends that Mickey's "unauthorized use of [the Moose] logos is likely to cause confusion among consumers. Consumers are likely to perceive a connection or association as to the source, sponsorship, or affiliation of the parties' products and services . . . " To which I say, "huh?" What part of the Mickey's logo is confusing? Is it because they're both cartoon characters? That seems like a pretty tough argument. I can tell the difference between Bugs Bunny and Pepe Le Pew. Heck, I can even distinguish between Daffy and Donald, and they're both ducks!
Is Buc-ee's going to target Wendy's next?
What about KFC?
Or is the confusion because both logos feature animals? Again, that seems like a stretch. Beavers typically weigh 35 – 65 pounds and are between 3 – 4 feet tall. An average moose, on the other hand, stands as tall as 6.9 feet and weighs between 838 to 1,543 pounds.
The spelling seems like a problem for Buc-ee's too. Buc-ee's has a distinctive way of spelling a word that most people would spell "Buckey's." But Mickey's uses the non-distinctive, standard issue spelling. Strike three?
This latest lawsuit appears to be a pattern for the eager beaver. The Mickey's lawsuit is the fifth infringement action Buc-ee's has filed since 2018. I understand that brands need to be vigilant when it comes to brand protection. But that's no excuse for being a bully. No matter how cute your logo.