The popular gas station and travel center chain Buc-ee’s has sued a Beavercreek small shop in federal court over a cartoon beaver logo on its sign, prompting a wave of support for the local store.
The Beavercreek City Council has crafted a resolution of support, a state lawmaker has called for the suit to be dropped and a GoFundMe for legal fees has raised more than $22,000.
Beaver's Mini Mart's name and logo is a nod to its location in the city of Beavercreek. But Buc-ee’s claims the image infringes on its trademark and could cause confusion among consumers.
Beaver’s Mini Mart located at 1592 Hanes Road sports a sign with a cartoon beaver that stands with one hand raised toward the mart's name and the other in a thumbs-up position.
Buc-ee's trademarked logo displays a cartoon beaver with a red baseball cap, featured on the company's merchandise and chain locations across the U.S. The business has garnered national attention for suing to protect its trademark.
The organization recently opened its first Ohio store in Huber Heights in April, about 13 miles from the mini mart in Beavercreek.
Buc-ee's filed the federal case on July 28 in the U.S. Southern District of Ohio, seeking a jury trial for trademark infringement. The plaintiff claims they have priority due to registration for their logo and marks, some of which have been used in U.S. commerce for over four decades.
The company says in its lawsuit that the small business should be blocked from "designing, displaying, advertising, offering for sale, manufacturing, shipping, delivering, selling, or promoting any product that incorporates or is marketed in conjunction with the defendant’s marks."
The suit also asks that Buc-ee's recover damages it says it has sustained, as attorney fees.
The store's owner Vik Boparai said he's thankful for the community support he has seen so far.
"They are coming from everywhere and they are supporting us," he said. "Thanks to everyone for supporting us. We are very small and that’s a very huge company."
Buc-ee's didn't return a request for comment.
Beavercreek City Council drafted a resolution supporting the beaver imagery as historic local symbols of the community.
The resolution supports local schools, athletic programs, youth organizations, community groups and locally-owned businesses using such names and images.
That connection dates back to 1803, when European hunters and settlers reportedly named Big Beaver Creek and Little Beaver Creek after the area's abundant beaver population.
“For the citizens of Beavercreek, the beaver is not just a corporate marketing device,” the resolution says. “It is a recognized representation of the city’s identity, history and values, held in common by generations of residents.”
Beavercreek City Council is expected to vote on the resolution during its meeting at 6 p.m. Monday.
Ohio Sen. Willis Blackshear Jr., D-Dayton, said in a statement the lawsuit should be dropped.
“Costly litigation would be extremely detrimental to a small business that is respected in the community," Blackshear said. "While I hope that Buc-ee’s will reconsider this lawsuit or come to an agreement with Beaver’s Mini Mart, I am confident that the courts will resolve the dispute fairly.”
