A small Georgia convenience store chain is now in federal court fighting off a lawsuit from Buc-ee’s, which says the Georgia company ripped off its beaver mascot and brand identity closely enough to fool customers.
Both Teddy’s locations are BP franchises.
What’s happening: Buc-ee’s, based in Texas, filed the suit May 1 in federal court in Atlanta against Teddy’s Market, which has stores in Canton and Ball Ground. The company says Teddy’s cartoon bear mascot copies its beaver right down to the smile and hat. Buc-ee’s also notes that both names share the same structure: two syllables, six letters, possessive, and ending in an “eez” sound. Put together, Buc-ee’s argues, those similarities are enough to make a reasonable customer think the two chains are connected.
What’s new: Teddy’s pushed back in late June with a motion to dismiss, calling the lawsuit a “shotgun pleading,” a legal term for a complaint that piles on claims without clearly explaining how the facts support each one. Teddy’s says Buc-ee’s has not produced enough evidence that any real customer has actually mixed up the two brands.
What Buc-ee’s wants from the court:
- An order requiring Teddy’s to drop its current branding
- Destruction of any materials that copy Buc-ee’s look
- Any profits Teddy’s earned while using the disputed brand
- Triple damages, which federal trademark law allows when copying is found to be intentional
- A directive to the U.S. Patent and Trademark Office to reject Teddy’s pending trademark applications
Where the stores sit: Buc-ees claims the two Teddy’s locations in Cherokee County are near a Buc-ee’s in Calhoun. However, Cherokee county sits about 45 miles away from Calhoun.
The path forward: A judge has not yet ruled on the motion to dismiss. Buc-ee’s has requested a jury trial. The company has filed similar trademark lawsuits against other businesses in the past.
B.T. Clark is an award-winning journalist and the Publisher of The Georgia Sun. He has 25 years of experience in journalism and served as Managing Editor of Neighbor Newspapers in metro Atlanta for 15 years and Digital Director at Times-Journal Inc. for 8 years. His work has appeared in several newspapers throughout the state including Neighbor Newspapers, The Cherokee Tribune and The Marietta Daily Journal. He is a Georgia native and a fifth-generation Georgian.
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