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Buc‑ee’s Wins $850,000 Judgment After Born United Admitted Using Look‑Alike Beaver

The ruling confirms that courts will enforce broad trademark protections for distinctive mascots.

Overview

  • A federal consent judgment requires Born United to pay about $850,000 to Buc‑ee's, destroy infringing merchandise, remove related ads, and permanently stop using any beaver mark deemed confusingly similar to Buc‑ee's mascot.
  • The settlement, approved by the parties and filed with the U.S. District Court in Charleston, includes Born United’s admission that it sold the contested designs and had prior knowledge of Buc‑ee's trademarks.
  • Both companies waived the right to appeal the judgment and Born United must file sworn reports to show it complied with orders to turn over and destroy the disputed products and remove online listings.
  • Born United had sold a patch called the 'Tac‑Buc' that depicted a beaver in tactical gear and other items critics called near‑identical to Buc‑ee's beaver, and the retailer removed the contested merchandise from its website and stores after the lawsuit.
  • The case adds to a string of Buc‑ee's enforcement actions nationwide, a pattern that has drawn public criticism and raised questions about the line between trademark protection and commercial parody and the practical impact on small retailers.