Buc-ee’s settles lawsuit with Ohio gas station chain after suing because both have cartoon mascots ‘facing right’
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Buc-ee’s has settled a trademark infringement lawsuit with an Ohio gas station chain that involved their cartoon mascots.
The chain of massive travel centers sued Mickey's gas station chain in February, alleging that the company's mascot — a cartoon moose named Mickey — infringed on its trademark. The company notes in the lawsuit that its own logo features a cartoon beaver that faces right, and that Mickey is “a cartoon animal facing right with wide eyes and a smile, overlaying a round background.”
The lawsuit further claims that Mickey's had until recently been called “Mickey Mart” and alleges the name change now “more closely resembles Plaintiff's BUC-EE's mark.”
Mickey's countersued Buc-ee's in April, claiming malicious litigation and unfair competition. It argued that “Ohio consumers can readily distinguish a moose from a beaver,” and that cartoon animals are a common mascot for convenience stores, according to NBC 4.
Buc-ee's and Coles IP Holdings, the parent company of Mickey's, reached a confidential settlement agreement September 15. It's unclear if Mickey's will have to change its logo as a result of the settlement agreement.
The Independent has requested comment from both Buc-ee's and Mickey's.
Buc-ee's has filed numerous copyright lawsuits centered on its cartoon beaver logo. In July, Buc-ee's sued a small convenience store called Beaver's Mini Mart in Beavercreek, Ohio. The mini mart's logo is a cartoon beaver, which Buc-ee's argued was too similar to its own mascot.
Vik Bopari, who owns the store, told The Cincinnati Enquirer in August that he could not understand why a company the size of Buc-ee's would target him.
“I don't know why they would sue a small business like mine,” he said. “I have two kids, and this store is how I feed them.”
The lawsuit infuriated locals, who rallied around Beaver's Mini Mart and launched a GoFundMe to help the company pay for its legal fees. That campaign has raised more than $82,000.
In May, Buc-ee’s sued North Georgia convenience store Teddy’s Market, arguing its cartoon teddy bear logo is confusingly similar to its own animal logo.
Teddy’s Market asked a judge to dismiss the lawsuit, arguing that motorists are not likely to confuse the two logos. It accused Buc-ee’s of being a “trademark bully,” according to Fox 5 Atlanta. That lawsuit is ongoing.
Earlier this month, South Carolina-based Born United clothing company was forced to pay Buc-ee's $850,000 to settle another infringement lawsuit.
Buc-ee's accused Born United of using a modified version of its beaver logo on its apparel. The Born United design includes a cartoon beaver that looks nearly identical to the Buc-ee's logo, dressed in military fatigues and tactical gear and carrying an assault rifle.
In a settlement order, Born United was ordered by a judge to permanently stop using the Buc-ee's logo or any “confusingly similar” mascot in its products. The company also had to admit that it sold merchandise featuring the logo and acknowledge that it had prior knowledge of the Buc-ee's trademarks.
Born United must also destroy all of its products bearing the logo and take down any advertisements featuring the mascot, as well as pay Buc-ee's $850,000.
