Buc-ee’s Sued Another Small Business For Having A Beaver Logo… In Beavercreek, Ohio

Folks, I try not to dabble in legal analysis; my expertise is firmly in the “is this yummy?” space, and I like to stay in my lane. That said, a national news story is hitting very close to home–literally. The Texas-based mega-gas station chain Buc-ee’s has taken a small business in my hometown of Beavercreek, Ohio, to federal court over a logo that features a smiling cartoon beaver. I’m going to repeat part of that slowly for the record: Beavercreek, Ohio.

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(If this story sounds familiar, it’s likely because John Oliver recently covered Buc-ee’s’ sue-happy mindset just days before this lawsuit was officially filed. The timing is truly impeccable.)

I’ll save the detailed legal notes for the experts. The short of it is, Buc-ee’s is suing “Beaver’s Mini Mart” because the latter uses a smiling cartoon beaver in their signage. I’d have some strong opinions on the situation even if I didn’t live within walking distance of the latter business for most of my life. (Seriously, I used to walk there for energy drinks.) Let’s go over some of the very few differences between these two monolithic businesses of equal size:

• Beaver’s Mini Mart, a family-owned neighborhood convenience store with no other locations, is situated in a suburb of Dayton, Ohio called Beavercreek. Buc-ee’s recently opened their first Ohio location, a twenty-minute drive away, just off Interstate 70 in a suburb of Dayton, Ohio called Huber Heights.
• Beaver’s Mini Mart does not have a single gas pump. The Buc-ee’s location in Huber Heights has over 100 gas pumps.
• Beaver’s Mini Mart is situated on a lot smaller than a single acre. The Buc-ee’s location in Huber Heights spans 53 acres.
• Beaver’s Mini Mart has been family-owned and operated at the same location for over two decades. Buc-ee’s has operated their Huber Heights location, the only Buc-ee’s in the state of Ohio, for a little over four months at the time of this writing.
• Beaver’s Mini Mart does not (nor do I believe they ever have) advertise their business with billboards. Buc-ee’s has billboards, conservatively speaking, every 8 feet along Interstate 70 within 200 miles of the Huber Heights location.

As someone who grew up in Beavercreek, attended Beavercreek City Schools, bowled at Beaver-Vu-Bowl, ate at Beavercreek Pizza Dive, and distinctly remembers the unveiling of 25 uniquely-painted fiberglass beaver statues in 2005, it’s safe to say I know how common beaver iconography is used in this particular community. Beavers can be found in the branding of countless businesses in the area, not to mention the city government, the school district, and multiple local non-profit organizations.

Buc-ee’s probably didn’t think through the optics of suing a small business for using an illustration of an animal that, last I checked, they did not invent. They really didn’t think through the logic of suing a small business over the rights to use the concept of a smiling cartoon beaver, something the brand has openly admitted their own example of was inspired by a 1950s toothpaste mascot named Bucky Beaver which they have never owned the rights to.

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While many other businesses have settled with Buc-ee’s and changed their mascots to avoid expensive legal battles, Beaver’s Mini Mart has made it clear they intend to fight this in court. Multiple fundraisers are taking place to support the cause, from an in-person “cash mob” sales drive at the mini mart on the weekend of August 6th to a GoFundMe that’s raised nearly $45,000 at the time of this writing.

Businesses across Ohio are offering their proverbial axe in the form of financial support as well: The Original Goodie Store in Columbus is donating $1 per sale of a special batch of Beaver’s Mini Mart cookies, Cincy Shirts has created an apparel collection featuring the logo with 25% of sales supporting the cause, and Lucky Bunny Tattoo in Yellow Springs is donating 100% of proceeds from a few new beaver-themed flash designs to the legal fund.

If I were in charge over at Buc-ee’s, I’d drop this particular case ASAP with a hearty apology before John Oliver opens a “Buc-off” pop-up store at Beaver’s Mini Mart. As it stands, I’m looking forward to seeing the Texas monolith figure out how to claw back a thumbs-up from the countless negative reviews hitting their Facebook and Google pages thanks to this debacle.