Buc-ee’s, the Texas travel-center chain famous for its smiling beaver, is asking a federal jury to make a four-employee Ohio convenience store pay triple damages over a cartoon beaver on its sign.
On Oct. 20, Buc-ee’s amended the trademark lawsuit it filed in July against Beaver’s Mini Mart in Beavercreek, Ohio, about 16 miles from the Buc-ee’s that opened in Huber Heights in April, the Dayton Daily News reported. The new filing asks for a jury trial, triple damages, the store’s profits from the logo and attorney fees.
What Buc-ee’s Says
Buc-ee’s says the mini mart’s wide-eyed, smiling beaver with red lettering is too close to its own mascot, and that the sign went up in 2019, long after Buc-ee’s registered its trademark. The chain alleges the owner knew about the trademark and used the logo to cash in on its reputation.
It also says it tried to settle this quietly first. Buc-ee’s sent cease-and-desist letters on March 5 and April 21 and hand-delivered another on June 11, and says none got a response before it sued.
What the Mini Mart Says
Owner Vikramjit “Vic” Boparai says the beaver sign went up in 2019, “long before any mention of Buc-ee’s coming to Huber Heights.” He said he registered the store’s name with the state last year because his bank required it to keep taking card payments under that name.
After the amended filing, he said: “We understand and are disappointed that Buc-ee’s amended its complaint rather than dropping it entirely.” He is reviewing his options with his lawyers.
Then the Whole Town Got Involved
The money. About 2,100 people chipped in just over $83,000 through an online fundraiser for the store.
The beavers. Other local businesses, including Beavercreek Pizza Dive and Beaver-Vu Bowl, temporarily added beavers to their own logos. The city council passed a resolution recognizing the beaver as a historic symbol of the city, without naming Buc-ee’s.
The late-night roast. On Aug. 9, John Oliver took on Buc-ee’s trademark lawsuits on HBO’s “Last Week Tonight.” This isn’t the chain’s first logo fight in Ohio, either. Earlier this year it sued a northern Ohio gas station called Mickey’s over a moose logo.
Here’s what makes this one interesting. Buc-ee’s has a trademark it says it must defend. The mini mart has a town that just chipped in $83,000 to back it. A jury may end up deciding which matters more.
Before Your Next Meeting
The court hasn’t decided who’s right here. But any business with a name and a logo could end up on either side of this. What would you do?
- A letter shows up saying your logo looks like someone else’s. Do you answer, ignore it or call a lawyer? Buc-ee’s says it sent three letters and got no reply, and the store’s owner says the sign predates any mention of Buc-ee’s in town. Decide now who in your business opens legal mail and how fast it gets a response.
- A big competitor moves in down the road with a look close to yours. Who has the stronger claim? Buc-ee’s says its trademark came first, and the store’s owner says his sign went up “long before any mention of Buc-ee’s coming.” Find out today whether your own name and logo are registered, and what a quick trademark search turns up.
- Your local customers rally behind you online. What do you do with that support? About 2,100 people gave $83,000, and neighboring businesses put beavers on their signs. Think about how you would thank people, keep them informed and turn a moment of support into regular customers.
