WINTER PARK, Fla. (WFLA) — Buc-ee’s is taking a Florida store to court over imitation merchandise that appears to replicate the convenience store’s beloved mascot, according to a lawsuit filed on Thursday.
As outlined in the court documents, Prometheus Esoterica Inc., identified as “a gothic boutique” in Winter Park, has marketed products, including T-shirts and decals, featuring a rendition of the Buc-ee’s beaver logo with a punk rock twist.
The documents indicated that the store “explicitly promoted” its items as a “BUCCEE” shirt.
“(Prometheus Esoterica) purposefully replicated Buc-ee’s Marks to imitate (Buc-ee’s) well-established brand and take advantage of the public goodwill associated with Plaintiff’s Buc-ee’s Marks,” the lawsuit stated.
The lawsuit alleges that the store misled customers into thinking it was connected to Buc-ee’s, calling its actions “willful and undertaken in bad faith.”
Buc-ee’s has charged Prometheus Esoterica with trademark infringement, unfair competition, trademark counterfeiting, unjust enrichment, and violations of Florida’s unfair trade practices law.
The lawsuit also seeks to bar Prometheus Esoterica from selling the merchandise in the future and to recover any damages suffered by Buc-ee’s.
The Florida store is required to respond to the complaint within 21 days, according to the lawsuit. Nexstar has reached out to Prometheus Esoterica for a statement.