SOUTHEAST TEXAS RECORD

A grocery store in Garner will no longer have the “Frio Beaver” as its mascot, as Buc-ee’s suit for logo infringement has been settled and dismissed.

As previously reported, Buc-ee’s filed suit against B&B Grocery and Anica Joran, individually and as a member of Austin Logo Designs, on July 3 in the Houston Division of the Southern District of Texas.

The popular roadside stop uses a distinct font, color scheme and beaver mascot on the logo for its 28 stores operating in Texas, which was registered with the U.S. Patent and Trademark Office on May 29, 2007.

The B&B grocery company operates a store in Garner called the Frio River Grocery, which used the “Frio Beaver” in its logo. Buc-ee’s claimed the store used infringing marks designed by the defendant Austin Logo Designs, the suit states.

In its suit, Buccee’s argued B&B’s willful use of confusingly similar trademarks constitutes an invasion of its valuable property rights in a manner that unjustly enriches the defendant.

Court records show that on Oct. 5 Judge Stephen Smith conducted a scheduling conference in the case, but Buc-ee’s failed to appear.

A month later, Judge Smith dismissed the case on Nov. 6 for want of prosecution.

Lake Jackson attorneys H. Tracy Richardson III, Jeffery Frank Nadalo and Elizabeth Lieb represent Buccee’s.

Richardson told the Record the parties reached a settlement and that the store no longer uses the beaver in question.

Houston Division of the Southern District of Texas case No. 4:14-cv-01844