Buc-ee's changed tactics in its lawsuit against a small Ohio corner store.
The Texas-based gas station giant, which sued Beaver's Mini Mart in Beavercreek, Ohio, this summer, has pivoted away from arguing about the similarities between their two logos, according to a new filing in the nation's hottest mascot dispute.
Buc-ee's first argued the smile of the mini mart's beaver mascot and the logo's red lettering were likely to cause confusion to consumers who may not be able to tell the brands apart.
After a wave of national backlash, Buc-ee's has prioritized arguing over naming conventions rather than whose cartoon beaver looks more like whose, according to an Oct. 20 filing.
The filing also stated Buc-ee's gave the corner store three cease and desist
letters before suing it, undercutting the store's public argument that no one reached out before the lawsuit was filed.
In a statement sent to The Enquirer on Oct. 23, Beaver's Mini Mart said it is disappointed that Buc-ee's didn't drop the lawsuit altogether and appreciates the community's continued support. It did not address Buc-ee's claim that it reached out before the lawsuit was filed.
News of the gas station chain's decision to sue a locally owned corner store drew nationwide backlash. Over 20 local businesses changed their logos in solidarity with the corner store. On his HBO show, comedian John Oliver mocked Buc-ee's business strategy of suing small businesses with logos featuring cartoon animals and dared the company to sue his network instead.
Buc-ee's moves away from comparing beavers
The amended lawsuit complaint only references the Beaver's Mini Mart's character to establish when it first appeared. Previously, lawyers for Buc-ee's argued the mini mart mascot's wide eyes and smile, plus prominent use of the color red, were attempts to confuse customers.
The retail giant is still arguing the corner store intentionally picked a name to "ride the coattails of Buc-ee’s reputation," but its argument is based upon the use of the trademarked word "Beaver's."
Buc-ee's applied to trademark the word for "retail store services featuring convenience store items and gasoline" in 2017, records state. Beaver's Mini Mart does not have a gas station.
Beaver's Mini Mart was picked to "create a likelihood that consumers might be confused as to an association or affiliation between Buc-ee’s," according to the gas station.
Logos changed in solidarity
Businesses from Missouri to Atlanta added beavers to their logos to protest what many online viewed as bullying by Buc-ee's.
The large amphibious rodent was seen holding a beer, a spray tan gun, grilling up ribs and even driving a car in front of a pizza parlor.
This article originally appeared on Cincinnati Enquirer: Buc-ee's changes angle of logo lawsuit against Ohio corner store
