Here is the complaint:
http://dig.abclocal.go.com/ktrk/PICS/JULY16/bucees.pdfThis is more about trade dress than it is about the logo. Here is what the complaint lists as trade dress. (I included the functional indicators, you will see why below).
The features of the Buc-ee's Trade Dress that help distinguish the Buc-ee's convenience stores (and thereby help to identify and distinguish the Buc-ee's convenience stores from the stores of others) include, but are not limited to, the following:
(a) Consistent use of bell-gabled roof lines;
(b) Use of a red, white, yellow and black color scheme in store signage;
(c) Use of stone siding on the exterior of the store;
(d) Consistent use of a specific and distinctive fountain drink set up in the interior of the stores;
(e) In-store computer ordering kiosks; (functional)
(f) Horse-shoe shaped in-store carving stations; (arguably functional, unless it is the exact same shape, or both were designed to look like actual horse shoes)
(g) Open counter deli stations; (functional)
(h) Freshly prepared signature food choices; (functional)
(i) Consistent, prominent use of the BUC-EE'S Marks in signage above and on the products offered for sale; (functional)
(j) Large square footage; (functional)
(k) Numerous fuel pumps; (functional)
(l) Abundant and oversized parking spaces; (functional)
(m) Oversized bathrooms; (functional)
(n) A multitude of cashier stations; (functional)
(o) Entrances from three of the four sides of the building. (functional)
(p) Antique-looking displays;
(q) Country-themed signage; and
(r) Khaki paint colors.
Now, I have a problem with many of those items because they are functional. Trade dress has to be decorative, not functional. So, listing all of them is a litigation tactic, though, because now the defense has to spend money to argue that open counter deli stations are not a trade dress, they are functional.
However, copying the combination of the yellow background on the logo, and more of the stylistic designs of the store could very well lead to infringement. Buccees does not own yellow background logos, or khaki brick buildings, but if you incorporate all of the above non-functional aspects in the list into your store, you are arguably trying to replicate the look and feel of a buccees. That is trade dress infringement.
In the energy drinks business, Red Bull has repeatedly, successfully, sued companies that use a combo of silver, red and blue on their can, regardless of what name you use or how that color combo is put to work. They win every time. You can't purposely make the appearance of your product / service remind your customers of your successful competitor.
I can see how Buccees won this one. If it was the logo alone, I doubt they win. But, the way the logo changed, and some other similarities of the store design are compelling. I doubt they would lose an appeal.
