Buc-ee’s has changed its legal strategy in its trademark dispute with a small Beavercreek convenience store, shifting its focus from similarities between two cartoon beavers to the store’s use of a trademarked name, USA TODAY reported on Oct. 28. The Texas-based travel center chain amended its federal lawsuit against Beaver’s Mini Mart in a filing dated Oct. 20, according to the Cincinnati Enquirer, part of the USA TODAY Network, and the case still alleges trademark infringement.
Buc-ee’s originally argued that the mini mart’s beaver mascot and red lettering could confuse customers into thinking the businesses were affiliated, according to USA TODAY’s reporting on the Enquirer filing. The amended complaint instead emphasizes the store’s use of the word "Beaver’s." Buc-ee’s says it applied in 2017 to trademark that word for retail store services featuring convenience store items and gasoline, the Enquirer reported, while Beaver’s Mini Mart built its beaver-themed sign in 2019 and does not sell gasoline.
The amended complaint also disputes the mini mart’s public suggestion that Buc-ee’s never objected before filing suit. Buc-ee’s says it sent three cease-and-desist letters before pursuing legal action, according to the Enquirer reporting cited by USA TODAY. Buc-ee’s filed the original lawsuit on July 28, according to previous USA TODAY reporting.
Beaver’s Mini Mart has been in its Beavercreek neighborhood for more than 20 years, and its owner, Vik Boparai, has operated the store for more than a decade, according to previous USA TODAY reporting. In an Oct. 23 statement to the Enquirer, the store said it was disappointed Buc-ee’s amended its complaint rather than dropping the lawsuit, thanked the community for its continued support and said it was reviewing its options with legal counsel. USA TODAY reported that it reached out to Buc-ee’s on Oct. 28 for comment and had not received a response.
The dispute has drawn national attention and strong local backing for the mini mart in Beavercreek, a Dayton suburb in Greene County. More than 20 local businesses changed their logos in solidarity with the store, while businesses elsewhere in the country added beavers to their branding, the Enquirer reported. Cincinnati apparel company Cincy Shirts created T-shirts and a hat supporting Beaver’s Mini Mart, with proceeds benefiting the store’s legal fund, according to previous USA TODAY reporting.
Ohio Gov. Mike DeWine also criticized the lawsuit in August, saying he doubted consumers would confuse the two cartoon mascots. "I don’t think anybody thinks that," DeWine said of the mini mart’s beaver being mistaken for Buc-ee’s mascot, according to The Columbus Dispatch, part of the USA TODAY Network, as reported by USA TODAY. "So I think it’s absurd." Comedian John Oliver also mocked Buc-ee’s trademark enforcement efforts on his HBO show, "Last Week Tonight," and challenged the company to sue him over merchandise featuring a similar logo, USA TODAY reported.
The Beavercreek case follows another Ohio trademark dispute that Buc-ee’s recently settled. Buc-ee’s and Coles IP Holdings, owner of Mickey’s, a chain with 42 Ohio locations, reached a confidential settlement in September, according to previous USA TODAY reporting. In that case, Buc-ee’s had alleged Mickey’s smiling cartoon moose logo and its former name could confuse customers, and Coles countersued. The Beaver’s Mini Mart lawsuit, by contrast, remains ongoing, with no settlement announced in the latest reporting.
Photo: Martin Lewison, CC BY