Central Florida’s anarchist, tattooed knockoff of Buc-ee’s beaver mascot is no more.
The popular national chain of gas stations and convenience stores agreed to settle a lawsuit with an oddities store outside Winter Park earlier this year over a collection of merchandise parodying the company’s iconic, bucktoothed logo.
The settlement was filed in federal court in June but surfaced after a recent segment on the HBO show “Last Week Tonight” highlighted the company’s aggressive trademark litigation against smaller businesses.
A lawsuit filed last year against Prometheus Esoterica accused its owners of counterfeiting, trademark infringement, unfair competition and unjust enrichment after they began selling T-shirts, stickers and other items with their modified version Buc-ee’s beaver logo.
Court records show some of the items depicted the beaver wearing a hat with an anarchist symbol while sporting a “666” face tattoo and a nose ring. Other designs showed the beaver as Krampus, the legendary Christmas beast of Central Europe.
A t-shirt for sale at Prometheus Esoterica in 2024. The Winter Park-area store agreed to settle a lawsuit against it filed by Buc-ee’s over similarities to its beaver mascot. (Orlando Sentinel staff)
Buc-ee’s legal team and the company’s press office didn’t immediately respond to messages seeking comment. Prometheus Esoterica’s attorney, John Benford of Wilson Elser Moskowitz Edelman & Dicker LLP, declined to discuss the case, citing the law firm’s policy not to comment on cases involving its clients.
“Further, on a personal level, I believe that extrajudicial commentary by lawyers representing party litigants weakens the integrity of our judicial system. You can quote me on that,” Benford said.
Prometheus Esoterica argued in court filings that the items were protected under the First Amendment as “clearly parody,” further noting Buc-ee’s, which has a Daytona Beach location, knew about them for three years before the lawsuit was filed.
But on June 25, both parties filed a motion outlining the details of the proposed settlement, which requires Prometheus Esoterica to destroy all the offending merchandise and delete social media posts promoting them.
District Judge Anne-Leigh Gaylord Moe had yet to approve the agreement as of Wednesday.
The beaver logo, ubiquitous on Buc-ee’s line of snacks and merchandise as well as its signage, has become synonymous with the firm’s brand. In its complaint, the company even referred to a CBS News segment comparing it to Walt Disney’s Mickey Mouse.
“Buc-ee’s has become a household name due to Plaintiff’s long use and promotion of the BUC-EE’S Marks,” the company argued, further accusing Prometheus Esoterica of “exploit[ing] the public goodwill associated” with the images.
Buc-ee’s zealous litigation over the use of cartoon beavers by small businesses became the subject of a July 26 segment of “Last Week Tonight,” with host and comedian John Oliver excoriating the company for targeting businesses that lack the resources to defend themselves in court. All of those lawsuits have been settled in Buc-ee’s favor.
Sweets at a Buc-ee’s in Florida. (Orlando Sentinel archive photo)
Oliver also announced the sale of “Buc-Off” merchandise featuring a satirical logo of a squirrel called Mr. Nutterbutter in front of a yellow circle similar to the Buc-ee’s logo, a tongue-in-cheek effort to provoke the company to sue HBO, which airs the TV show. Profits from the sales are donated to the nonprofit Hunger Free America.
“If any prominent gas station out there has an issue with our new logo and products and wants to get lawyers involved, then you know what? Bring it the f–k on,” Oliver said. “Although, remember, in doing so, you’d be directly taking food out of hungry people’s mouths.”
On Sunday, the show aired a follow-up after Buc-ee’s filed a lawsuit against Beaver’s Mini Mart of Beavercreek, Ohio, accusing it of copyright infringement over the use of a beaver as its mascot.
In response, Oliver told his audience he would extend the sale of “Buc-Off” merchandise indefinitely.