Buc-ee’s trademark spat with San Antonio chain resumes this week

Katy City Council Member Steve Pierson assists Buc-ee the Beaver as he cuts a ribbon at the ceremony designating the car wash at the Katy Buc-ees as a Guinness World Record in length on November 16, 2017. Katy City Council Member Steve Pierson assists Buc-ee the Beaver as he cuts a ribbon at the ceremony designating the car wash at the Katy Buc-ees as a Guinness World Record in length on November 16, 2017. Photo: Craig Moseley, Staff / Chronicle Photo: Craig Moseley, Staff / Chronicle Image 1 of / 9 Caption Close Buc-ee’s trademark spat with San Antonio chain resumes this week 1 / 9 Back to Gallery

A federal jury in Houston will be asked to decide this month whether a make-believe alligator improperly sauntered onto a fictional beaver’s turf, as two iconic Texas travel stop operators square off in a battle over their roadside logos.

The trademark spat, which was put on hold in August, pits Buc-ee’s buck-toothed rodent against the countrified, finger-licking reptile at San Antonio’s Choke Canyon, a rest-stop chain which specializes in barbecue. The jury must determine if the Choke Canyon’s goofy green alligator — which is positioned in a similar stance and framed against a similar yellow backdrop — infringed on and diluted an already established trademark, the red-capped beaver.

The federal court case before U.S. District Judge Keith P. Ellison is one of a number of suits filed by Buc-ee’s, which is based in Lake Jackson, to establish a binding claim on certain aspects of its road stop branding. The company has gone after a number of competitors who employ cartoon mascots, including a smiling dog, chickens and a farmer, according to court documents.

In opening arguments set for Tuesday, attorneys for Buc-ee’s will likely argue that the Choke Canyon’s alligator logo was used to draw in or confuse drivers and convince them to pull off the highway and spend money, based on their knowledge and familiarity with Buc-ee’s branding.

Lawyers stated in court documents the gator trademark used at the San Antonio travel center, Choke Canyon Bar-B-Q and Choke Canyon Exxon, intentionally mimicked the look and feel of Buc-ee’s wildly popular open-road emporium that sells gas, food and rack upon rack of Texas tchotchkes.

The lawsuit also alleges that Choke Canyon copied several other features, including oversized bathrooms, plentiful parking and a similarly situated soda station.

The lawyers for Choke Canyon have said in court documents that Buc-ee’s “believes it has the sole right to use any smiling, friendly, cartoon animal logo for its travel centers,” and is trying to prevent other trademark lawsuits that Buc-ee’s has filed from being introduced to the jury.

gabrielle.banks@chron.com