Georgia convenience store Teddy's fights Buc-ee's lawsuit with new counterclaims
The legal fight between Buc-ee's and a Georgia convenience store chain is escalating.
In a new filing in federal court, Teddy's Market denied Buc-ee's allegations that it copied the Texas travel center's branding and instead filed counterclaims, asking a judge to declare that its name and logo do not infringe on Buc-ee's trademarks. The company is also seeking to cancel Buc-ee's trademark registrations, arguing they were improperly obtained.
The filing comes after Buc-ee's sued Teddy's Market in May, accusing the Georgia chain of copying its well-known beaver mascot, branding and trade dress.
In its response, Teddy's Market argues that no reasonable consumer would confuse the two businesses because they serve different markets and operate differently. The company says its two stores in Canton and Ball Ground are small neighborhood convenience stores with BP-branded gas pumps, are not visible from nearby interstates, do not use billboard advertising, and do not sell branded merchandise or private-label products like Buc-ee's.
The defendants also contend there has been no actual consumer confusion since Teddy's Market opened and that Buc-ee's is attempting to claim overly broad trademark rights over common cartoon animal mascots used by convenience stores.
Within the court docs, Teddy's Market accuses Buc-ee's of obtaining some of its trademark registrations through false statements to the U.S. Patent and Trademark Office. The counterclaim alleges Buc-ee's knew other businesses were using similar marks when it sought trademark protection and asks the court to cancel those registrations. Those allegations have not been proven in court, and Buc-ee's has not yet responded to the counterclaims.
The filing also accuses Buc-ee's of using aggressive trademark litigation to discourage competition. They describe the company as a "trademark bully" and allege it has sought to expand its trademark rights beyond what federal law allows.
As part of its requested relief, Teddy's Market is asking the court to declare that its branding does not infringe on Buc-ee's trademarks, order Buc-ee's to withdraw its opposition to Teddy's pending trademark applications, cancel Buc-ee's trademark registrations at issue in the lawsuit and award attorneys' fees and other costs.
CBS News Atlanta has reached out to Buc-ee's for comment and will update this story if a response is received.
