On the July 26th episode of Last Week Tonight, John Oliver issued a challenge to Buc-ee’s, the gas station and convenience store chain, to sue the HBO show’s latest branded merchandise collection, which bears a striking resemblance to Buc-ee’s logo.
“Buc-Off,” the limited-edition parody merch line, features Mr. Nutterbutter, a squirrel mascot that previously appeared on the show, in a logo incorporating characteristics Buc-ee’s has objected to in trademark infringement lawsuits against small businesses: a smiling cartoon animal facing right, a red tongue, a black circle and a yellow background.
The “Buc-Off” logo is emblazoned across T-shirts, pajama pants, boxer briefs, socks, headwear, drinkware, umbrellas, stickers and even onesies. The webstore is managed by Nadel, PPAI 100’s No. 12 distributor. Nadel declined to comment to PPAI Media at this time.
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The 20oz Traveler Tumbler listed on the website is provided by Gordon Sinclair, PPAI 100’s No. 31 supplier.
Mark Gardyn, vice president at Gordon Sinclair, suggests the story speaks to the power of branded merchandise. “A logo on a product is never just a logo,” Gardyn tells PPAI Media. “It creates loyalty, sparks emotion, starts conversations and can even become part of cultural moments.”
- All proceeds from the parody merch collection, which is available until September 8, go to nonprofit Hunger Free America.
What Caused All This?
Headquartered in Texas, Buc-ee’s is in Oliver’s crosshairs after successfully suing more than a dozen companies with cartoon animal mascots over trademark infringement. This year, the southern institution with a cult-like following has filed lawsuits against Mickey’s, an Ohio-based gas station chain, and Georgia-based convenience store Teddy’s Market for alleged trademark violations based on their logos.
Although both cases are still open, Oliver mentioned that most companies opt to settle and redesign their logos or just fold completely. “And that’s probably because most just don’t have the resources to fight a company this big,” said Oliver, adding that Buc-ee’s should be careful because, quoting a legal expert, “The more you do this, the more you might run into somebody who has the means or the will to fight with you about it.”
It appears that the beaver isn’t taking the bait. Buc-ee’s General Counsel Jeff Nadalo told The Dallas Morning News the company doesn’t plan to sue but declined further comment.
Mark Gardyn
VP, Gordon Sinclair
“It would be a bad look for Buc-ee’s,” Oliver told The Hollywood Reporter on Friday. “I was mostly confident that they would not do it, but some companies do feel drawn to a bad look, like a moth to flame.”
While the optics wouldn’t be good for Buc-ee’s, a lawsuit may still have merit. Although the “Buc-Off” merch is parody, which is legally protected as a form of fair use, labeling a commercial product a “parody” doesn’t grant total immunity from lawsuits. And even though the merch profits are going to charity, the “Buc-Off” collection is still considered a commercial product.
“Fair use laws remain extremely gray, and companies incorporating copyrighted assets into their work should be aware that the case-by-case and context-sensitive evaluation lends itself to much subjective speculation about how a court of law, i.e., a judge or a panel of judges, may apply an objective analysis in determining whether a use of a copyrighted work is fair and thus non-infringing,” wrote Cory Halliburton, an attorney with Freeman Law and general counsel for PPAI, in a 2023 commentary on the Copyright Act’s ‘fair use’ doctrine.
