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?”) 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.”) 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
A LAWSUIT OVER RIVERSTONE’S VANISHED LEVEE
More than 400 residents of Fort Bend County’s Riverstone development — between Hwy. 6 and the Brazos River — are suing the engineering firm that designed their stormwater systems, alleging that the design left one portion of the community flooded by the runoff from the other during Harvey. The roughly 3,700-acre area is divided into 2 Levee Improvement Districts — LID 19 (shaded blue on the map) and 15. “It became very clear when we passed into LID 15 that something was not right,” one LID 19 homeowner said in a press conference. “We were inundated with water in our neighborhood, and just on the other side of the street everything seemed to be perfectly fine.” Both LIDs were designed by Costello, Inc. the company founded by Houston’s flood czar Steve Costello. (He’s said he divested from it in 2015.) That firm’s failure to consider what would happen when a levee that ran between the 2 districts — along Hagerson Rd. — was removed is what downstreamers say is to blame for much of their soggy state. In total, reports the Chronicle’s Rebecca Elliott, about a third of the 1,760 homes in LID 19 flooded. [Houston Chronicle] Map of Riverstone LIDs 15 and 19: Riverstone LIDs
GARDEN OAKS MAINTENANCE ORGANIZATION LIKELY TO FILE FOR BANKRUPTCY ON ACCOUNT OF ALL THAT MONEY IT HAS IN THE BANK
The Garden Oaks Maintenance Organization has hired a law firm to handle an anticipated bankruptcy filing — which could come as soon as Monday, reports The Leader’s Jonathan McElvy. Two years ago, a lawsuit that the organization had filed to enforce its deed restrictions against a pair of homeowners backfired when the court ruled that GOMO itself had not been formed legally. (An appeals court has since ruled that it does still have power to enforce the neighborhood’s bylaws.) As a result, in the wake of the initial ruling, “every dollarGOMO spends now could be challenged in court,” writes McElvy. With close to $600,000 in its bank account, GOMO now appears to face 2 options, he notes: “Either the board disbands and lets a judge tell them how to disburse that money, or they try a legal maneuver that seeks a judge’s permission to reorganize, so they can continue operations as the gatekeeper of Garden Oaks.” If this story sounds vaguely familiar, it’s because it is. GOMO’s predecessor entity was disbanded before the current organization began in 2001 because it was, McElvy says, “formed illegally, as well.” [The Leader; previously on Swamplot] Photo: Swamplot inbox
Make no mistake about the signage now up along Hwy. 6 across Schiller Dr. from the Aldi near Westpark: the travel stop it’s announcing is Nebraska-born Bucky’s — not the Texan Buc-ee’s. Construction vehicles are now pushing dirt around west of the Highway 6 RV Resort where the new complex plans to go.
Last year, Buc-ee’s filed a lawsuit against Bucky’s to stop the transplant from moving ahead with plans to build at least 6 new Houston-area locations. One Bucky’s is now open on NASA Pkwy. in Nassau Bay, but besides that, all other operational Bucky’ses are currently out of state: in Omaha, St. Louis, and the Chicago area.
Across the street, Twistee Treat Westpark is flanked by Golden Corral and a Take 5 Oil Change, and backed up by a Palace Inn:
I-45 STRIP CLUB SAYS HPD’S 3-FT. DEAL WITH COMPETITORS IS DRIVING IT OUT OF BUSINESS
A new lawsuit filed by Fantasy Plaza — just south of North Bank Rd. at 8503 N. Fwy. — accuses the city and other strip clubs of working together on what Fantasy claims “amounts to a commercial bribery scheme.” Five years ago, 16 of Fantasy Plaza’s competitors — some of which had been accused of facilitating human trafficking — settled a series of lawsuits with the city. As part of the settlement, the clubs agreed to get rid of their “VIP rooms” and also “to donate annually to a fund that maintains a Houston Police Department unit dedicated to investigating human trafficking,” writes the Chronicle’s Francisca Ortega. The clubs now pool together at least $1 million each year for the fund. In return, HPD agreed not to enforce a law that prohibited topless dancers from coming within 3 ft. of customers — but only for the 16 clubs making payments. Fantasy Plaza wasn’t one of them. Now, according to the club’s suit: “Because Fantasy Plaza must abide by city law, Fantasy Plaza cannot compete for customers in the same manner as the Clubs. This has caused-and will continue to cause, Fantasy Plaza to lose business and ultimately fail.” [Houston Chronicle; previously on Swamplot] Photo: Fantasy Plaza
2100 MEMORIAL LAWSUIT: LET THESE PEOPLE STAY Three tenants of the Sixth Ward senior housing facility known as 2100 Memorial filed suit against the Houston Housing Authority on Friday, a day before Saturday’s unenforced deadline for all residents to leave the building. Acting for the tenants, Lone Star Legal Aid claims the agency violated the rights of the building’s residents by failing to hold a hearing in which tenants could contest the decision. The agency has not given residents “any evidence to support any of the allegations of unreasonable danger which rendered the apartments uninhabitable,” the lawsuit claims. Although the building’s first floor flooded, the tenants’ apartments suffered “little, or no, damage” from the storms, the lawsuit states. Lone Star Legal Aid claims the lawsuit means the HHA will now have to “produce the facts that support its decision.” [Lone Star Legal Aid; KHOU; previously on Swamplot] Photo: Realtor.com
A couple of days after a lawyer from Zillow sent McMansion Hell author Kate Wagner a letter demanding she take down from her website all the images of homes she’d ever found on the real estate listings aggregator site and artfully marked up with satirical commentary, an attorney from the Electronic Freedom Foundation has responded with an artful letter on Wagner’s behalf and a blog post of its own. (And it’s perhaps worth noting that in creating the delightful graphic above to illustrate its no-can-do response to Zillow’s threat to sue, the foundation itself chose to work from a Creative Commons image.) Writes EFF’s Daniel Nazer: “Using humor and parody, Wagner tries to illustrate the architectural horror of modern McMansions. . . . Importantly, Zillow does not own, and cannot assert, the copyright in these photos. But even if it could, McMansion Hell’s annotation of photographs for the purpose of criticism and commentary is a classic example of fair use.”
That’s pretty much it for the surface-dwelling sections of the Houston Chronicle‘s former bundle of headquarters structures at 801 Texas Ave. — a reader captured the minor dustup above on Friday, and activity on the site is now mostly at or below ground level. Work to shore up the section of basement the district court ordered Hines’s Block 58 to leave behind (for tunnel use by Linbeck-controlled neighbor and plaintiffTheater Square) was mostly wrapped up last fall, according to some December court filings.
Other documents filed as part of the case show that the legal compromise set up last summer (which allowed the demo of the Chronicle building to go forward after all) has hit a few bumps since then: Theater Square filed a motion to find Block 58 in contempt of court late last year, and a trial appears to be scheduled for June.