BUC-EE’S VS. CHOKE CANYON: BATTLE OF THE ROADSIDE MASCOTS
The jury trial began yesterday in a federal lawsuit Buc-ee’s filed 3 years ago against Choke Canyon, a rival, San Antonio rest-stop chain with a cartoon alligator mascot Buc-ee’s claims is too similar to its own trademark grinning beaver. Buc-ee’s’s lawyer Tracy Richardson (who’s also on the legal team for the chain’s other ongoing infringement suit against Nebraska-based Bucky’s), reports the Chronicle’s Gabrielle Banks, kicked things off with a digital slideshow that chronicled the evolution of Choke Canyon’s gator species over time: “‘They put a human hat on the alligator,’ he said, ‘they opened his mouth. Then they made him stand, which — I’ve never seen an alligator stand.'” Couple that with the animals’ big eyes, red tongue, yellow background, and associated aquatic environs — said Richardson — and the likeness is confusing. (“You’re driving down the road at 80 miles per hour and you see a sign,†he said. “Did you really see what the logo was?â€) Also at issue: Choke Canyon’s use of Buc-ee’s-like design elements in its stores, including a vaguely Alamo-like parapet front, stone siding, khaki-colored paint, and oversized bathrooms. (“We have large, clean bathrooms,†said Choke Canyon’s lawyer. “The last time I looked that’s not illegal.â€) The jurors will be asked to decide “whether Choke Canyon set out to or actually did confuse customers with the overlap.” [Houston Chronicle; previously on Swamplot] Logos: U.S. District Court for the Southern District of Texas