A well known chain of Texas truck stop/convenience stores is suing another grocery store for using a similar beaver mascot in its logo.
Buc-ee's Ltd. filed suit July 3 in the Houston Division of the Southern District of Texas against B&B Grocery Inc. and Anica B. Joran, individually and as a member of Austin Logo Designs LLC.
According to the complaint, the plaintiff 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 uses the "Frio Beaver" in its logo. Buc-ee's says it uses infringing marks designed by the defendant Austin Logo Designs, the suit states.
The defendant's willful use of confusingly similar trademarks constitutes an invasion of the plaintiff's valuable property rights in a manner that unjustly enriches the defendant, the suit states.
The plaintiff is seeking a temporary restraining order against use of the infringing marks, actual and statutory damages in an amount to be determined by the court, plus costs.
It is represented by Lake Jackson attorneys H. Tracy Richardson III, Jeffery Frank Nadalo and Elizabeth Lieb.
Houston Division of the Southern District of Texas Case No. 4:14-cv-01844
This is a report on a civil lawsuit filed in the Houston Division of the Southern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.