Overview:
Beavers, Bulldogs, and brand confusion: What can the Buc-ee’s vs. Barc-ee’s lawsuit tell us about trademark infringement and the power of consumer perception?
Beavers, Bulldogs, and Brand Confusion
Buc-ee’s is a chain of mega-sized travel stops that has over 50 locations across the Southern U.S. and has secured a loyal following.
Recently, a Missouri-based rest stop and pet supply store named Barc-ee’s opened, featuring an animal mascot and red-on-yellow signage. Buc-ee’s filed a trademark infringement suit alleging that Barc-ee’s, owned by Home Away From Home Dog Training, LLC, intentionally designed its name, logo, and store experience to copy Buc-ee’s.
The claim points out the similarities, including the phonetic similarity of the names, the cartoon animal mascots, the circle logos using yellow and red, and the format of the stores, offering food, drinks, and pet areas. In addition, Barc-ee’s openly acknowledged Buc-ee’s as its inspiration in promotional materials, which Buc’ee’s claims is evidence of intentional, willful, and malicious trademark infringement.
The Heart of the Case: Likelihood of Confusion
A trademark infringement claim hinges partly on whether consumers are likely to be confused. Likelihood of confusion surveys are used in trademark infringement claims, like this one, to measure consumer perception. In this case, a survey might measure what consumers believe about who sells goods using this name or this logo, any affiliation between the two brands, and/or whether one has endorsed the other. If a significant portion of respondents believe Barc-ee’s is connected to Buc-ee’s, survey evidence could support Buc-ee’s argument. Courts regularly accept this kind of survey as evidence for or against infringement.
This isn’t Buc-ee’s first roadside brawl; it has defended its brand before against other businesses with similar names or imagery. MMR Strategy Group, an IMS Legal Strategies company, offers this kind of survey, and others, for use in trademark, false advertising, and other legal matters. If you’d like to talk to survey experts about how we can help you make your case, contact us today.