WINTER PARK, Fla. – Buc-ee’s aims to bring a strange Orlando-area business to court over knockoff beaver merchandise, according to a lawsuit filed on Thursday.
Court records obtained by News 6 claim that Prometheus Esoterica — an oddities shop in Winter Park that’s reportedly been described as a “serial killer speakeasy” — used Buc-ee’s cartoon beaver logo on its own merchandise.
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“(Prometheus Esoterica) intentionally copied Buc-ee’s Marks to simulate (Buc-ee’s) well-known brand and exploit the public goodwill associated with Plaintiff’s Buc-ee’s Marks,” the lawsuit reads.
Furthermore, the lawsuit accuses the Winter Park shop of copying the logos in “bad faith,” saying that the store used the logos to try to deceive customers into believing that the shop is affiliated with Buc-ee’s.
“(Prometheus Esoterica’s) unauthorized use of the Buc-ee’s Marks is likely to cause confusion among consumers,” the lawsuit continues. “Consumers are likely to perceive a connection or association as to the source, sponsorship, or affiliation of the parties’ products and services, when in fact none exists.”
As a result, Buc-ee’s is now accusing Prometheus Esoterica of the following:
- Trademark infringement
- Unfair competition
- Trademark counterfeiting
- Unjust enrichment
- Violating Florida’s Unfair Trade Practices law
The lawsuit demands that Prometheus Esoterica be prevented from selling this merchandise going forward, as well as pay for any damages incurred by Buc-ee’s.
News 6 has reached out to Prometheus Esoterica for a statement on the litigation and is awaiting a response.
In the meantime, the full lawsuit can be read below:
Bucees Lawsuit by Anthony Talcott on Scribd