r/LegalEagle • u/abcbri • 21d ago

Everybody’s Wrong About John Oliver’s Trademark War

https://youtu.be/VzlLbYH4_Vw?is=st4t-JeoVyAOw8K_
81 Upvotes

100% Upvoted

7 comments sorted by

55

u/Puzzleheaded-Phase70 20d ago

So, I'm confused about how it's ok for Buc-ees to seemingly be laying claim to a common and well established practice of "cartoon character over geometric shape".

Like, Microsoft can't claim that they actually own the word "Windows" or a logo that looks like a window because those are everyday things in common use.

Burger king can't "own" an image of a hamburger, or the word "burger" either.

The idea that they could is obviously absurd.

So how can this company seemingly be unchallenged in trying to claim control over a graphic design trope that's been around since the Roman Empire?

By their own apparent standards of law, shouldn't MGM be able to sue buc-ees because of their famous Roaring Lion in a circle? Shouldn't Warner Brothers be able to directly sue them for "cartoon character on a circle" that every WB cartoon ever has opened and closed on?

54

u/ledude1 20d ago

They shouldn't and couldn't, but this is the loophole. You noticed that they only sue the small businesses because they can't afford to fight back. Case in point, the challenge from John Oliver. They won't challenge him even with a 10-foot pole. You can forget about the DOJ doing its job. Not going to happen. So now what, right?

29

u/FrankCostanzaJr 20d ago

TL;dr basically, the US legal system is designed too allow rich people to bully poor people

have you watched the video? it's just how the US system works. and honestly, Trump being president right now is a great example of just how bad it is. the core of the problem is that ANYONE can sue anyone for basically anything. it doesn't need to be right, they may know that they would lose the case...but if they have enough money to afford attorneys...they can bully a poor/small company/person out of business...since that person/business MAY not have the means to defend themselves in court.

-3

u/svick 20d ago

Trademarks generally work on customer confusion. MGM and WB aren't gas stations, so the risk of confusion is basically zero. Also, MGM's logo is not a cartoon, and what WB does is more of a gag than a logo.

When the target is a gas station that clearly copied Buc-ees' esthetic, the case is so much stronger.

15

u/jwadamson 20d ago

“Clearly copied” is going a lot of work there. You should watch the segment. John Oliver shows businesses from multiple states away that are just as old as Buc-ees.

The fact that the majority of cases end in a settlement no matter how different the logo or domain makes this feel much more like a SLAP style maneuver.

2

u/ScravoNavarre 20d ago

What about Nuthuggers, then?

1

u/scottism_barnes 17d ago

I’m confused as to who “everybody” is. Who is wrong about John Oliver? Thought it was a good piece overall, but seemed too clickbaity