Days after comedian John Oliver unveiled rodent-themed merchandise daring Buc-ee’s to sue him, the Texas company sued a corner store in Beavercreek, Ohio, over its beaver logo.
In a federal lawsuit filed July 28 in the U.S. District Court for the Southern District of Ohio, Buc-ee’s accuses Beaver’s Mini Mart, located in Beavercreek, Ohio, of “unjustly” profiting from the Texas-based chain’s reputation by using a logo of a smiling cartoon beaver. The lawsuit also cites the store’s “predominant” use of red lettering as evidence of trademark infringement.
Buc-ee’s did not immediately respond to requests for comment. Beaver’s Mini Mart declined to comment.
The lawsuit extends Buc-ee’s long-running campaign to protect its beaver mascot and other branding from alleged imitators. But its target this time is a small store in Beavercreek, about 16 miles from the chain’s first Ohio location, and the suit was filed two days after Oliver mocked Buc-ee’s history of pursuing trademark cases.
Buc-ee’s says its beaver logo has become an “iconic” and “distinctive” brand over decades, signaling to roadtrippers a place to use the restroom or buy brisket. The company says it has acquired “valuable common law rights” and has “priority” in the logo’s use.
Buc-ee’s is demanding that the Ohio corner store permanently stop using a beaver logo, destroy all products that display one and provide an “accounting” of exactly how much Beaver’s Mini Mart has allegedly profited from using the logo.
Beavercreek residents told the Dayton Daily News they considered Buc-ee’s lawsuit “stupid” and “crazy,” because beavers have long been associated with the city.
“What are they gonna do? Shut down all of Beavercreek?” one local told the Dayton Daily News.
See here for more on the John Oliver segment. My legally binding ruling on this is in favor of Beaver’s Mini Mart, on the important legal grounds of “they were there first”. Buc-ee’s had no interest in them until they moved into Ohio, at which point they decided that this state wasn’t big enough for the two of them, and called in the lawyers. I could see the merit in this if Beaver’s had opened up shop in Texas. Here, this just seems like Buc-ee’s trying to bigfoot them. To which I say, please stop. This is embarrassing. And also, you have until September 8 to order something from Buc-Off.com, for the benefit of Hunger Free America. The Dayton News has more.
Buc-ees can suck it. What a litigious group of a-holes the Owner and Attorney’s have turned out to be. If I want to patronize a store where 70% of the products are named and sold as house brands, I’ll go to ‘Texas Tough’ HEB.
#BoycottTheA-Holes
John Oliver should troll them some more over this. Maybe he can start a fund for Beaver’s Mini mart’s legal expenses.
Legal Eagle had some good info on this:
https://youtu.be/VzlLbYH4_Vw?is=mVgGGKsZ4MLPTmwt
Thank you for posting this story. This is how it starts. Buc-ee’s over-the-top arrogance and tone deafness is going to do much more damage to their brand. I make the drive, back and forth, from Houston to Austin, with my family several times a year. We always stop and spend a small fortune at Buc-ee’s. Not anymore. There’s plenty of other less litigious/arrogant places to stop for a tasty snack and a cold drink.
@Woah… I’ll patronize one of these locations before ever patronizing a Fuc-Ees.
https://thetexanstores.com/locations/
Well, doggone it, C.L., the only ones that are open north of I-10 are in Monahans and Pecos (though the Schulenburg location is within spitting distance). College Station can’t open soon enough!