Convenience store operator accuses competitor of unjust enrichment

By Philip Gonzales | Apr 4, 2017

HOUSTON — A Lake Jackson convenience store operator is suing a competitor, alleging unfair competition and unjust enrichment.

HOUSTON — A Lake Jackson convenience store operator is suing a competitor, alleging unfair competition and unjust enrichment.

Buc-ee’s Ltd. filed a complaint March 14 in the Houston Division of the Southern District of Texas against Buck’s Inc., doing business as Bucky’s BSD Bright Site Development LLC, Nathan Richardson and Tildon Sun Development LLC, alleging violation of the Lanham Act.

According to the complaint, as a result of the defendants' infringing activities, Buc-ee's has suffered and will continue to suffer trademark dilution and damages to its business reputation and good will. 

The plaintiff alleges the defendants used a trademark that is confusingly similar to the plaintiff's Buc-ee’s trademark and is actually causing mistakes or deception as to the affiliation, connection, and association of Bucky’s with Buc-ee’s.

Buc-ee seeks trial by jury, preliminary and permanent injunction against further infringement of the Buc-ee’s trademark, all damages and all other proper relief. It is represented by attorneys H. Tracy Richardson III and Jeff F. Nadalo of Buc-ee’s Ltd. in Lake Jackson, and by Joseph J. Berghammer, Janice V. Mitrius and Katherine L. Fink of Banner & Witcoff Ltd. in Chicago.

Houston Division of the Southern District of Texas Case number 4:17-cv-00818

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Houston Division of the Southern District of Texas

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