The Buc-ee’s Beaver’s Mini Mart lawsuit puts a Texas travel-center operator in federal court against a neighborhood corner store in Beavercreek, Ohio. Buc-ee’s filed the case July 28 against Hanes Road Carryout, the operator of Beaver’s Mini Mart, alleging that the store’s mascot, red branding and name infringe Buc-ee’s trademarks and could confuse customers, according to WFAA and WTOK.
The complaint was filed in the U.S. District Court for the Southern District of Ohio, with reporting also describing the venue as federal court in Dayton. The alleged infringement is not a generic complaint about any beaver. Buc-ee’s identifies three elements: the cartoon beaver, the use of red, and the store name, WTOK reported.
Buc-ee’s is seeking a permanent order stopping use of the disputed logo, removal of related branding, damages and legal fees, according to WTOK. Those are requests in a civil complaint, not findings by a judge.
Why is Buc-ee’s suing Beaver’s Mini Mart?
Buc-ee’s says the mini mart’s sign uses a smiling beaver with wide eyes and red lettering in a way that is too close to its own branding, WFAA reported from court documents. USA Today described Beaver’s Mini Mart as a neighborhood business with no gas pumps, located miles from the nearest interstate.
Vik Boparai, who has owned the mini mart for more than a decade, told the Cincinnati Enquirer that the store supports his family. USA Today reported that the business has operated for more than two decades. Buc-ee’s opened its first Ohio location near Dayton in April, according to USA Today.
The filing has drawn local pushback. Residents told WXIX, whose report was republished by WTOK, that beaver imagery is common around Beavercreek, including in the local high school’s mascot and public statues. A local bakery said it planned to send proceeds from specified shirts and cookies to the mini mart. WTOK also reported that the store posted a sign saying it would fight the case and that the City Council was set to consider a resolution recognizing the beaver as a historic community symbol.
What does John Oliver have to do with it?
The timing has put the lawsuit next to a conspicuous piece of TV satire, though the reporting does not establish that the segment caused Buc-ee’s to sue. On July 26, two days before the filing, John Oliver used an episode of HBO’s Last Week Tonight to criticize Buc-ee’s record of pursuing businesses with animal-themed branding, USA Today reported.
Oliver’s show put a squirrel character called Mr. Nutterbutter on merchandise designed in a style resembling Buc-ee’s branding, selling it through Buc-Off.com. The show said profits would go to Hunger Free America. Oliver invited a major gas-station company to bring a lawsuit against the show and HBO.
As of Techdirt’s Aug. 7 report, no lawsuit by Buc-ee’s against Oliver or HBO had been reported. The July 28 complaint against Beaver’s Mini Mart is the documented dispute described in the available reporting. Buc-ee’s did not respond to comment requests from USA Today or WXIX, those outlets reported.
This story draws on original reporting from Techdirt.
