Buc-ee’s files trademark lawsuit against Kimberling City liquor store

Lake Jackson, Texas-based Buc-ee's, which opened a Springfield travel center late last year, has filed a trademark infringement lawsuit against a liquor store in Kimberling City.

The lawsuit, filed Nov. 15 in U.S. District Court for the Western District of Missouri, alleges 2 Wiseman Enterprise LLC, dba Duckees Drive Thru, has infringed on its trademarks. The suit claims two counts of federal trademark infringement and one count of trademark dilution, and it seeks a jury trial and damages.

Duckees Drive Thru, located at 12042 State Highway 13 in Kimberling City, changed ownership last year to father and son Troy and Michael Wiseman via 2 Wiseman Enterprises, according to past Springfield Business Journal reporting. The Missouri secretary of state filing for 2 Wiseman Enterprises points to a principal office address in Kansas City and notes the organizer as Michael Wiseman, of Kimberling City.

The Wisemans could not be reached for comment by deadline on the lawsuit filed by Buc-ee's.

In the lawsuit, Buc-ee's alleges Duckees has used its name and logo, an anthropomorphic, cartoon duck, in violation of Buc-ee's trademarks that includes its name and beaver logo. In addition to the name similarity, the lawsuit alleges that specific aspects of the logo, such as the use of a friendly smiling animal oriented with a circle and a yellow background, are infringing on its trademarks.

"Duckees’ unauthorized use of the Duckees’ word trademark and Duckees’ logo, which are confusingly similar to the Buc-ee's trademarks, will allow Duckees to receive the benefit of the goodwill built up at the great labor and expense by Buc-ee’s in the Buc-ee's trademarks, and further will allow Duckees to gain acceptance for their retail store services and products based not on their own merits, but on an association with the reputation and goodwill of Buc-ee’s," the lawsuit reads.

The suit seeks an injunction against further alleged infringement and dilution of the Buc-ee’s trademarks, an order to destroy all infringing products such as signs and products, an undisclosed financial sum of damages from Duckees and further relief as the court deems necessary.

Buc-ee’s opened its Springfield travel center at 3284 N. Beaver Road in December 2023, according to past reporting. The 53,000-square-foot store was reportedly built at a cost of $60 million.