Josh Gerben Analyzes Buc-ee’s Trademark Enforcement Strategy for Inc

Buc-ee’s trademark enforcement strategy is raising questions about where legitimate brand protection ends and overreach begins.

Josh Gerben analyzes Buc-ee’s approach to trademark enforcement for Inc. 

“There are some instances where the company certainly seems to be taking some measured steps to enforce their rights, and there are other instances where I would say they’re stretching with some of their claims,” said trademark attorney Josh Gerben.

He explains how it can be difficult for some smaller defendants to fight enforcement actions. “Somebody who has a convenience store with two locations, they’re not going to be able to afford defending themselves,” Gerben said.

“So even if they have a valid defense, the chances of that valid defense standing up to an aggressive litigation … it’s going to be a lot easier for you to just figure out a different trademark.”

Gerben indicates that Buc-ee’s nationwide expansion is likely the driving force behind the enforcement strategy.

“Typically when you’re expanding, you have the trademark lawyers out in front trying to make sure the road is as clear as possible,” he said. “It’s just a question of whether some people are getting caught up in that dragnet a little too wide.”

Source: Nichole, Amaya. https://www.inc.com. “Since 2023, Buc-ee’s Has Filed 27 Trademark Cases. Small Businesses Are Paying the Price”. 5 August 2026.