Buc-ee’s is changing its legal strategy in a trademark dispute with a small Ohio convenience store, shifting its focus from similarities between their cartoon beavers to the use of a trademarked name.
The Texas-based travel center chain amended its federal lawsuit against Beaver’s Mini Mart in Beavercreek, Ohio, in a filing dated Oct. 20, according to the Cincinnati Enquirer, part of the USA TODAY Network. Buc-ee’s originally argued that the mini mart’s beaver mascot and red lettering could confuse customers into thinking the businesses were affiliated.
The amended complaint instead emphasizes the store’s use of the word “Beaver’s”. The lawsuit still alleges trademark infringement.
The legal dispute has garnered national attention, prompting local
businesses to support the mini mart, as Buc-ee's also draws criticism for its trademark enforcement efforts. Here’s what to know about the latest filing.
What does Buc-ee’s allege in its lawsuit?
Buc-ee’s argues that it applied to trademark the word “Beaver’s” in 2017 for retail store services featuring convenience store items and gasoline, according to the Enquirer. Beaver’s Mini Mart built its beaver-themed sign in 2019, the outlet reported.
The company contends that the mini mart’s name could lead consumers to believe the businesses are affiliated, even though the Ohio store does not sell gasoline.
Buc-ee’s filed the lawsuit July 28, according to previous USA TODAY reporting. Beaver’s Mini Mart has been in its Beavercreek neighborhood for more than 20 years. Its owner, Vik Boparai, has operated the store for more than a decade.
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.
Beaver’s Mini Mart said in an Oct. 23 statement to the Enquirer that it was disappointed Buc-ee’s amended its complaint rather than dropping the lawsuit. The store thanked the community for its continued support and said it was reviewing its options with legal counsel.
USA TODAY reached out to Buc-ee’s on Oct. 28 for comment, but has not received a response.
Why did the lawsuit draw backlash?
The lawsuit sparked protests from residents and businesses in Beavercreek, a Dayton suburb. More than 20 local businesses changed their logos in solidarity with the mini mart, while businesses elsewhere in the country added beavers to their branding, the Enquirer reported.
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. “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. Meanwhile, 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.
Buc-ee’s recently settled another Ohio lawsuit
The Beaver’s Mini Mart dispute follows another trademark lawsuit against an Ohio convenience store.
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.
Buc-ee’s had alleged that Mickey’s smiling cartoon moose logo and its former name, Mickey Mart, could confuse customers. Coles IP Holdings countersued, accusing Buc-ee’s of unfair competition through malicious litigation and trademark infringement.
The settlement terms were not disclosed. The Beaver’s Mini Mart lawsuit remains ongoing.
Contributing: Cincinnati Enquirer reporter Matthew Cupelli
Reporter Anthony Thompson can be reached at ajthompson@usatodayco.com or on X @athompsonUSAT
This article originally appeared on USA TODAY: Buc-ee’s amends lawsuit against Ohio convenience store
