Buc-ee's sues South Carolina clothing maker over trademark infringement

CHARLESTON, S.C. - Texas-based convenience store chain, Buc-ee's, is suing a South Carolina clothing maker for trademark infringement over its iconic beaver logo. 

What we know:

The lawsuit, filed in federal district court in South Carolina, accuses clothing brand, Born United, of using a logo similar to the Buc-ee's logo on t-shirts, patches and shorts in its online store.

The clothing features a beaver wearing military gear and has products with names like, "tac-bucc" and "tac-bucc pvc patch."

Buc-ee's claims in court filings that Born United introduced the products to "exploit Buc-ee's reputation in the market established in the Buc-ee's Marks, brand, and products."

"Buc-ee's has not granted a license or any other form of permission to Defendant with respect to any of its trademarks or other intellectual property," court filings state.

What they're saying:

Attorneys for the store claim the use of the beaver mark will allow Born United to earn "substantial revenues and profits" on their established branding.

"Defendant knew, or should have known, that its use of Buc-ee’s Marks in connection with clothing and related goods would cause confusion, mistake, or deception among consumers," court filings state.

Buc-ee's claims they sent Born United a cease-and-desist letter about the products, but they were still being sold.

As of June 17, the products appear to have been removed from the company's website.

The other side:

The lawsuit drew the eyes of South Carolina State Senator Tom Fernandez, who claims to be a 49% owner of the Born United retail store in Myrtle Beach, South Carolina.

"One of the shirts Born United makes features a parody of a beaver… wearing night vision goggles and tactical gear. It's not the Buc-ee’s logo. It’s creative. It’s different. And it’s protected," Fernandez said on Facebook. "The owners of Born United have spoken with their attorneys, and they feel confident, very confident, in their legal position. They’re not backing down. And I fully support them in fighting this in court."

Fernandez went on to say in the comments that Born United's products were a "beaver in full-blown tactical gear, goggles, vest, night vision goggles" and a "different beast entirely."

"If Buc-ee’s thinks slapping some gear on a rodent threatens their empire, maybe they’ve got bigger issues than parody," Fernandez commented.

Buc-ee's

According to court documents, Buc-ee's was founded in 1982 and is based in Lake Jackson, Texas. It currently operates more than 50 locations in nine states: Missouri, Texas, Alabama, Florida, Georgia, South Carolina, Tennessee, Kentucky and Colorado.

BASTROP, TEXAS - APRIL 8: The Buc-ees store is photographed after the solar eclipse Monday, April 8, 2024 in Bastrop. (Yi-Chin Lee/Houston Chronicle via Getty Images)

"Buc-ee’s clothing, emblazoned with its original and distinctive trademarks, has been a core part of its offerings for many years, helping solidify Buc-ee’s reputation for quality and brand loyalty across the United States," the filing states.

Born United

Born United, based in Goose Creek, South Carolina, is a clothing brand that operates stores in six states: South Carolina, Virginia, Florida, Indiana, Tennessee and Missouri. It sells clothing and other merchandise with patriotic themes and slogans.

According to the company's website, they were founded and are operated by "people who are proud to be American."

Along with their private brand, the company also sells products from other third-party vendors.