A Tale of Two Beavers
As you might imagine, the town of Beavercreek, Ohio is home to many references to beavers, from high school mascots to giant fiberglass statues. But recently, the city’s beavers gained national attention for another reason when the Buc-ee’s convenience store chain sued a small family-owned store for trademark infringement.
The Texas-based gas station chain is suing Beaver's Mini Mart, a small corner store that has sat in the middle of a Beavercreek neighborhood for more than two decades, according to a federal lawsuit filed July 28.
Despite the mini mart having no gas pumps and being miles from the nearest interstate, Buc-ee's says its customers may be confused by the mini mart's logo, which features a smiling beaver standing tall next to the store's name in a red-letter font.
The federal court will conduct a “likelihood of confusion” analysis to determine whether or not consumers might be confused by the goods and services offered by each store featuring a beaver logo. But regardless of which store has the stronger legal position, the practical realities may make it financially difficult for a small business to defend against a giant corporation’s aggressive defense of its trademarks.
For small business owners, this high-profile litigation is a good reminder to carefully search for existing name, logo, slogan, and other trademarks before investing heavily in your brand. Proactive planning is almost always preferable to reactive litigation.
Contact our office today for assistance with your trademark registration or enforcement needs.