RELATED VIDEO: ‘Not here’: Neighbors push back against proposed Buc-ee’s in Southwest Florida
WINTER PARK, Fla. (WFLA) — Buc-ee’s is taking legal action against a Florida store for allegedly selling imitation merchandise that resembles its famous mascot, as detailed in a lawsuit filed on Thursday.
Legal documents reveal that Prometheus Esoterica Inc., a “gothic boutique” based in Winter Park, has been selling items such as T-shirts and stickers featuring an altered version of the Buc-ee’s beaver logo that sports a punk rock style.
Documents showed that the shop “explicitly promoted” the products as a “BUCCEE” shirt.
The lawsuit claims, “(Prometheus Esoterica) intentionally copied Buc-ee’s Marks to mimic the well-established brand and capitalize on the positive public perception associated with Plaintiff’s Buc-ee’s Marks.”
The lawsuit said the shop deceived customers into believing that it is affiliated with Buc-ee’s, and its actions were “willful and undertaken in bad faith.”
Buc’ee’s accused Prometheus Esoterica of trademark infringment, unfair competition, trademark counterfeiting, unjust enrichment and violating Florida’s unfair trade practices law.
The lawsuit also demanded that Prometheus Esoterica be prevented from selling the merchandise going forward and pay for any damages incurred by Buc-ee’s.
The Florida shop has to reply to the complaint within 21 days, the lawsuit showed.
