Ohio city declares beaver historic symbol amid Buc-ee’s trademark lawsuit

Ohio city declares beaver historic symbol amid Buc-ee’s trademark lawsuit Buc-ee’s sued Beaver’s Mini Mart on July 28, alleging its name and beaver branding infringe on the chain’s trademarks - Bookmark - CommentsGo to comments The beaver is staying put in Beavercreek, Ohio. The Beavercreek City Council officially recognized the animal as a historic city symbol Monday, allowing local businesses, schools and organizations to keep using beaver imagery amid a legal trademark fight between convenience store giant Buc-ee’s and the local Beaver’s Mini Mart. The resolution cites the beaver’s 200-year history in the community. Early settlers named Big Beaver Creek and Little Beaver Creek for the area’s large beaver population, according to the city. “As the resolution states, ‘For the citizens of Beavercreek, the beaver is not just a corporate marketing device. It is a recognized representation of the city’s identity, history and values, held in common by generations of residents,’ the city said in a Facebook post following the decision. The beaver is also the mascot for Beavercreek City Schools, while about 50 local businesses and organizations use beavers in their logos, Mayor Don Adams told WHIO. The resolution comes as Buc-ee’s battles Beaver’s Mini Mart, a small Beavercreek convenience store, over its branding. Buc-ee’s sued the store in federal court on July 28, alleging trademark infringement. The Texas-based chain argues that the store’s name, smiling cartoon beaver and red branding could create confusion with Buc-ee’s trademarks and its well-known beaver mascot. Buc-ee’s is seeking to stop Beaver’s Mini Mart from using the disputed branding, remove related materials and pay damages and legal fees, according to the lawsuit. Beaver’s Mini Mart owner Vik Boparai has pushed back, saying his store and branding predate Buc-ee’s arrival in Ohio. His business has operated for years, while Buc-ee’s opened its first Ohio location near Dayton in April. “We hope that Buc-ee’s will drop their lawsuit soon,” Boparai said in a statement to 2 NEWS Monday. The fight has also generated local support for Beaver’s Mini Mart, with businesses incorporating beaver imagery into their own branding and raising money for the store’s legal battle. The conflict gained national attention after comedian John Oliver criticized Buc-ee’s trademark enforcement on Last Week Tonight. His show created a parody squirrel mascot, Mr. Nutterbutter, and sold “Buc-Off” merchandise. Buc-ee’s maintains that the dispute is not about Beavercreek businesses simply using beaver imagery. The company says it is concerned about the combination of Beaver’s Mini Mart’s name and branding and their potential conflict with Buc-ee’s federally registered trademarks. The company initially said the lawsuit stemmed from Boparai attempting to federally trademark “Beavermart.” That was later shown to be inaccurate. Boparai instead registered “Beavers Mini Mart” as an Ohio trade name, which Buc-ee’s said brought the business to its attention because of a conflict with one of its federal trademarks. Buc-ee’s said it contacted Boparai several times before filing the lawsuit, including in March, April and June. The company also cited Boparai’s ownership of more than 20 Ohio convenience stores as a concern about the potential expansion of the name. Still, Beavercreek officials said Monday’s resolution was not intended to take sides in the legal dispute. “The resolution is not associated with the federal trademark lawsuit between Buc-ee’s and Beaver’s Mini Mart,” a city spokesperson said, Fox 19 reports. “That lawsuit is a private legal matter currently before the courts, and the city cannot take a position on pending litigation.” The Independent has contacted Buc-ee’s for comment. Join our commenting forum Join thought-provoking conversations, follow other Independent readers and see their replies Comments