When launching a new brand, it’s easy to look to successful businesses for ideas. While drawing inspiration is common, mimicking a brand too closely can lead to legal trouble. A recent example highlights this risk: the ongoing trademark dispute between Texas-based rest stop chain Buc-ee’s and a small Missouri café known as Barc-ee’s.

This case shows how closely copying a brand’s name, logo, or business model—even unintentionally—can result in an expensive intellectual property (IP) lawsuit.

---

Do the Businesses Compete? Market Overlap Matters

The first step in any IP dispute is to ask: Do the businesses operate in the same market?

Buc-ee’s is more than a rest stop—it’s known for food, drinks, branded merchandise, clean bathrooms, and community-focused spaces. Similarly, Barc-ee’s is a pet-friendly café that offers food and beverages, EV charging stations, and even play areas for kids and pets.

While not identical, both brands serve as community hubs. This overlap in purpose and services strengthens the argument that customers could confuse the two.

---

Name Similarities: Too Close for Comfort

Next, let’s look at the names. Buc-ee’s utilizes a unique spelling to stand out—replacing the typical “y’s” with “ee’s.” Barc-ee’s uses the exact same structure, replacing “bark” with “barc” and ending in “ee’s.”

In all likelihood, this isn’t just a coincidence. The mirrored naming scheme, especially combined with similar services, could lead consumers to think the businesses are related—or that Barc-ee’s is relying on Buc-ee’s brand recognition.

---

Logos: When Design Adds Fuel to the Fire

The logos also share similarities:

• Both feature a brown animal mascot with a black nose and red tongue
• Both are placed in a yellow circle overlayed on a larger black circle

On their own, these elements might not raise alarms. But when paired with the similar name and market, the cumulative resemblance strengthens the infringement claim.

---

Why This Case Matters: Legal Costs Can Crush Small Businesses

Buc-ee’s is no stranger to lawsuits—and they have the money to pursue them. Even though Barc-ee’s claims to have consulted IP lawyers before launching, defending a lawsuit is expensive, especially for a small business.

Even if Barc-ee’s wins in court, the financial toll could be devastating. That’s the unfortunate reality of IP law: being legally right doesn’t always mean coming out ahead, so it’s best to take precautions.

---

The Takeaway: Be Original, Be Safe

If you’re building a brand, avoid getting too close to someone else’s. Blatant or indefensible similarities in name, design, or concept could trigger a lawsuit. And while getting legal advice is smart, it’s just as important to understand IP law yourself.

At Mindful Counsel, we help entrepreneurs build strong, original brands that are legally protected. We offer legal guidance and education, so you can move forward with confidence and clarity.

 Guest post by Cameron Pickle, Associate Law Clerk

Have more questions? Reach out about how we can help protect your business and legacy.