HOUSTON – In the ongoing battle between Buc-ee's LTD, a food vendor, and a set of business defendants, Buc-ee's is asking a court to label the litigation case closed.
A June 18 motion for entry of post-trial injunction and request for expedited briefing filed in the Houston Division of the Southern District of Texas points out that a jury ruled in favor of Buc-ee's in May in counts of trademark infringement, trademark dilution, unfair competition and unjust enrichment.
Defendants in the case, collectively called the Choke Canyon defendants, are Shepherd Retail Inc., Blanco Restaurant Inc., Live Oak Retail Inc., and others.
“Defendants agree that the entry of an injunction is proper,” the motion states. “However, defendants seek an injunction that conflicts with the jury's verdict.”
The motion states Buc-ee's has tried to create a compromise joint injunction without any success. It also states what Buc-ee's wants is “consistent with the trial evidence and the jury's findings.”
Trial evidence includes T-shirts, mugs, drink holders and other items revealing the extent of logo similarities and other issues supporting the plaintiff's original suit.
Using a “likelihood of confusion” standard, a jury ruled that the defendant was in fact culpable.
The motion states the defendants have asked the court in their injunction to "find certain logos non-infringing that are contrary to the jury-verdict."
“Defendants have no support for excluding variations of their logo that are in the trial record and were considered and found by the jury to infringe and dilute Buc-ee's logo,” the motion states. “The court should reject defendants attempts to limit the scope and enter an injunction that restrains and enjoins defendant's use of all variations of the logo at issue in the case."
In conclusion, the motion points out the timeline of the case and suggested it is time to move forward toward resolution.
“Because nearly four weeks have passed since the jury’s verdict finding in favor of Buc-ee’s on all counts, and because Buc-ee’s is being prejudiced each day that passes without an injunction in place, Buc-ee’s respectfully requests that the court enter the proposed order ... that is consistent with the trial record and the jury verdict,” the motion states. “In addition, Buc-ee’s requests the court schedule a status conference for as soon as is convenient for the court to set the case schedule for the damage phase of this case which was previously bifurcated.”