Buc-ee's sues Marshfield venture Barc-ee's

Lake Jackson, Texas-based Buc-ee's, which opened a Springfield travel center in late 2023, has filed its second recent trademark infringement lawsuit against an Ozarks business.

In a lawsuit filed March 19 in the U.S. District Court for the Western District of Missouri Southern Division, Buc-ee's alleges Marshfield-based Barc-ee's has infringed upon its trademarks. The defendants named in the lawsuit are EJL Acquisitions LLC and Home Away From Home Dog Training LLC.

The lawsuit comprises two counts of trademark infringement, two counts of trademark dilution and one count of unfair competition and false designation of origin.

"Defendants’ use of the Barc-ee’s mark and the Barc-ee’s logo in connection with their goods/services and commercial activities has caused and, unless enjoined, will continue to cause substantial and irreparable injury to Buc-ee’s," the lawsuit reads. "Moreover, as a result of their misappropriation, defendants have profited and continue to profit by misappropriating the time, effort and money that Buc-ee’s invested in establishing the reputation and goodwill associated with the Buc-ee’s trademarks and the goods and services sold in connection with the Buc-ee’s trademarks."

The lawsuit seeks an injunction to cease alleged trademark infringement activity, an order for Barc-ee's to destroy all infringing products and "an award of any profits by defendants, Buc-ee’s actual damages, enhanced damages, exemplary damages, costs, pre-judgment and post-judgment interest and reasonable attorney fees."

Barc-ee's opened last year at 140 York Drive in Marshfield, about 17 miles northeast of the Buc-ee's travel center in Springfield. The roughly 7,500-square-foot business from entrepreneur John Lopez includes a dog park, coffee and food, and a play area for kids. Barc-ee's Facebook page indicates the venture is temporarily closed due to "unexpected construction challenges."

Lopez issued a statement to Springfield Business Journal in response to the Buc-ee's lawsuit filed this week.

"Although I prefer my business challenges to come with a side of coffee rather than a court summons, this is just a part of the entrepreneur game," Lopez said in the statement. "My legal team believes we are not legally infringing on any trademark. Parody trademarks have been distinguished for years, but it may not be worth the fight. Beavers are cunning creatures."

Buc-ee's uses an anthropomorphic cartoon beaver in its branding. The lawsuit takes issue with Barc-ee's logo that features a cartoon dog driving a car and holding a cup of coffee.

The lawsuit also points to verbiage from a May 2024 SBJ.net article in which Lopez said he hoped to inspire banter with Buc-ee's through the Barc-ee's name.

"These statements, and other similar ones on the Barc-ee’s website and/or other publicly available articles, reveal that defendants are aware of Buc-ee’s and the Buc-ee’s trademarks," the lawsuit reads. "They further show that defendants are willingly and intentionally proceeding forward with a 'similar' mark and logo despite this knowledge."

Buc-ee's filed a similar lawsuit in November against Kimberling City liquor store Duckees Drive Thru, according to past reporting. That lawsuit continues to play out in court.

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.