Hot dam, we’ve got ourselves a real beaver brawl this summer! And of course, the whole thing started with John Oliver. Well, he didn’t exactly start it; it’s more like he put a spotlight on it (Buc-ee’s gas stations & convenience stores aggressively suing smaller companies with animal mascots over trademark infringement), poked the bear beaver (daring Buc-ee’s to sue him as Oliver intentionally created a similar-looking animal mascot), and then asked the nation to join him in watching the fall out. And because sometimes the frivolous lawsuit stars align, Oliver’s segment on Buc-ee’s aired just as Buc-ee’s sued Beaver’s Mini Mart in Beavercreek, Ohio. Never mind that the mini mart has been around for decades while Buc-ee’s just opened a location there this year, and never mind that you’re gonna run into more than a few beavers in a town frickin’ called Beavercreek! So public sentiment has very much been on the side of the under dog beaver, which prompted Buc-ee’s CEO Arch Aplin III to call up a local news station and plead his case:
Buc-ee’s co-founder and CEO Arch Aplin reached out to News Center 7’s James Brown on Thursday evening to share his side of the story about why his company filed a civil lawsuit against Beaver’s Mini Mart in Beavercreek.
Aplin felt this story has been one-sided.
As News Center 7 previously reported, Buc-ee’s lawsuit claimed the logo for Beaver Mini Mart on Hanes Road was too similar to Buc-ee’s.
Aplin told Brown that his company took “no pleasure” filing the lawsuit, but said it had no choice after trying for months to communicate with the mart’s owner, Vik Singh.
He went on to say Buc-ee’s tried registered mail, phone calls, and emails, but Singh never initially responded; as reported on News Center 7 at 11, an attorney for Beaver’s Mini Mart reached out to Buc-ee’s shortly after 6:00 p.m. on Thursday and said they were ready to talk.
Aplin called Beaver’s Mini-Mart the aggressor because it filed for its own federal trademark application, which he claimed was very similar to the trademark Buc-ee’s has had for years.
In a conversation with Brown, Aplin claimed the law says the only way to properly defend Buc-ee’s trademark was to file the lawsuit. If not, that could jeopardize its own trademark and could give Beaver’s Mini Mart control of Buc-ee’s trademark.
Aplin said he wants Beaver’s Mini Mart to do well and doesn’t want to jeopardize its business.
Brown told Aplin that plenty of people have questioned whether his beaver logo looks at all like the store’s. He called that subjective, and reiterated his company’s trademark concerns.
Aplin was also asked what it would take for Buc-ee’s to drop the lawsuit. He said if Beaver’s Mini Mart withdraws its trademark request, Buc-ee’s would immediately drop the lawsuit.
In a statement previously reported by News Center 7, the owners of Beaver’s Mini Mart characterized the legal action as unfair and vowed to contest the claims.
Waaaaah, the billionaire CEO who cried trademark infringement says coverage has been one-sided and that actually he’s the victim defending his mascot’s turf! So let’s take it point by point, shall we? Aplin claims his attorneys tried in vain to contact Beaver’s Mini Mart before filing the suit, to no avail. However, the mini mart’s owner previously told outlets that no one from Buc-ee’s had ever reached out. Clearly, recollections may vary, so in the absence of evidence (other than hearsay), we’ll call this one a draw. Next, Aplin said his company takes “no pleasure” in suing over trademarks. Well, then Buc-ee’s is sure a glutton for punishment! Seriously, they have a whole “Litigation” section on their Wikipedia page! And tell us, Mr. Aplin, in each and every one of those other lawsuits (dating back over a decade), was it the same quagmire that the other, smaller company was trying to trademark their logo so you simply had to sue in response? Hmm?? And oh how I wished the reporter (the improbably named James Brown) had followed up on Aplin’s claim about Buc-ee’s own trademark being in jeopardy by Beaver’s Mini Mart filing to trademark their own logo. Sounds like someone can dish it out but can’t take it when the tail is on the other beaver!
So here’s my bigger question: where does this all end? Does Buc-ee’s really plan to keep suing each and every Castor canadensis until they’re the last beaver standing? This is America, dam it, we’re supposed to be a land where ALL beavers are welcome!
Beaver, WV says hello! Have never gone to a Buckees (or however it’s misspelled), never will now.
Someone call this jerk a Waahmbulance. We Buckeyes don’t play around with nonsense like this. He just lost any goodwill in this state he may have built up.
With respect: I don’t think Americans understand beavers if they are using them as cute mascots. Beavers are home wreckers, dog killers and testical eaters. They are weird and oily looking and not cute!
In all fairness, beavers help preserve wetlands, prevent fires, and build wildlife habitats.
There are many lawsuits where larger companies sue smaller companies for trademark infringement because you cannot sleep on your trademark rights. Failure to protect your trademark can lead to a devaluation of your TM, making it harder to sue when a big c ompany threatens your TM, or a loss of your TM altogether. While you may not HAVE to sue, there are downsides to not suing.
Can’t wait for the lawsuit against the State of Oregon (the beaver state) and Oregon State for their beaver mascot.