Gas station chain Buc-ee’s is suing South Carolina clothing company Born United for selling merch with its mascot wielding a firearm in full tactical gear.
On May 27, popular gas station chain Buc-ee’s filed a copyright infringement lawsuit against Born United when merch showing a character similar to the gas station’s beaver mascot appeared on its website.
The merch, which included shirts, patches and shorts, featured the beaver in army attire, brandishing a firearm. Text on the merchandize reads, “An American Tradition” and “Live Free.”
However, Born United isn’t backing down.
Clothing company says army version of Buc-ee’s logo is “protected”
In a post on Facebook, Tom Fernandez, a 49% owner of Born United’s Myrtle Beach store, denied that the clothing company had done anything wrong and is willing to fight Buc-ee’s in court.
“As many of you have seen, Buc-ee’s has filed a lawsuit against…Born United, for alleged copyright infringement. Yes, one of the shirts Born United makes features a parody of a beaver… wearing night vision goggles and tactical gear. It’s not the Buc-ee’s logo. It’s creative. It’s different. And it’s protected,” he argued.
According to Fernandez, Born United’s owners spoke with attorneys and are “confident” that they’re in the clear legally.
“They’re not backing down. And I fully support them in fighting this in court,” he added. “This is America. We believe in fair play, creativity, and standing up to big threats… even when they come wrapped in alleged corporate branding.”
FacebookThis is certainly on-brand for Born United, as their website states they sell merch that supports “patriots and brands who believe in freedom.”
Ahead of the court battle, Born United took the products off its website, but had originally continued to sell products even after the gas station sent a cease-and-desist letter.
The lawsuit includes banning Born United for selling more tactical beaver merch along or items that have “any marks identical and/or confusingly similar to the Buc-ee’s Marks, for any purpose.” The company is also seeking damages, attorney fees, and profits from the sale of the items.
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