Derek DeYoung operated an online business called Vintage & Classic Apparel and Accessories that sold counterfeit Buc-ee's merchandise featuring the company's trademark beaver logo and name. Buc-ee's, which Judge Starr described as 'a company that needs no introduction' that offers 'gas, Tesla superchargers, brisket, clean restrooms, Dr Pepper slurpees, ghost pepper jerky, beaver nuggets, deer corn, dog collars, and brisket (it deserves to listed twice),' sued DeYoung for trademark counterfeiting, infringement and unfair competition.
Judge Starr found that DeYoung 'intentionally copied the Marks to simulate Buc-ee's well-known brand and exploit the public goodwill associated with the Marks' and had 'prior knowledge of Buc-ee's Marks before using the Marks on the infringing merchandise.' The court noted that DeYoung's failure to defend against the claims 'has deprived the Court of the opportunity to evaluate the profits reaped by Deyoung, as well as Buc-ee's lost revenues.' Judge Starr concluded that an award of $1 million—'half the amount allowed under the Lanham Act for willful counterfeiting—would suffice to satisfy the Lanham Act's purposes.'
DeYoung failed to answer Buc-ee's complaint after being properly served, leading to a clerk's default on liability. Buc-ee's then moved for default judgment seeking statutory damages under the Lanham Act rather than actual damages and profits. The court applied the six-factor Lindsey test and found that a default judgment was procedurally appropriate given DeYoung's complete failure to participate in the litigation.
The permanent injunction bars DeYoung and anyone acting in concert with him from using the Buc-ee's marks or any confusingly similar marks, and requires destruction of all counterfeit products and materials. The ruling reinforces Buc-ee's aggressive protection of its trademark portfolio and sends a strong deterrent message to other potential counterfeiters of the popular Texas travel center brand.