Beaver’s Mini Mart, the small corner store being sued by Buc-ee’s for trademark infringement, is not the only small business in the Dayton suburb to have a cartoon beaver as their logo.
Best of Dayton winner Beavercreek Pizza Dive, longtime bowling alley Beaver-Vu Bowl, and nonprofit food pantry Feed the Creek all have cartoon beavers in their company logos.
The Beavercreek High School mascot is named Bucky the Beaver, which happens to be the same name as the beaver that reps the behemoth Texas gas station chain.
Fiberglass beavers, decorated with books, landscapes and vocation outfits, stand in various locations in the city, including outside the Beavercreek Public Library, the Walmart and the parks. The municipal government of Beavercreek even has a beaver in their logo.
“Everything around here is based on beavers and Beavercreek, because that's the name of our area,” said president of the Beavercreek Chamber of Commerce Wendy Rodgers. “We actually have real beavers here, in our real Beaver Creek.”
Some are worried that Buc-ee’s will target them next.
The Feed the Creek logo — a chubby cartoon beaver with an orange backpack — was designed in 2010 by a local artist, said Feed the Creek Director Sharon Fulcher.
“I really do think it's silly. They just moved into Ohio,” Fulcher said.
Being sued by a national chain like Buc-ee’s would spell the end of Feed the Creek, she said.
“If they were to sue us, we'd be done. I mean, that would be it. I mean, I don't know what we do. It's not like we have money just sitting around or something like that,” she said.
Buc-ee’s, which opened its first Ohio store in Huber Heights in April, says Beaver’s Mini Mart has an exterior sign with a logo featuring a cartoon beaver with “wide eyes and a smile.” The company also claims the red coloring mirrors its own logo. Buc-ee’s, which was founded in 1982, says it believes the mini mart started using this logo after it created its trademark, which it obtained decades ago.
“Defendant’s unauthorized use of defendant’s marks is likely to cause confusion among consumers,” Buc-ee’s lawsuit states. “Consumers are likely to perceive a connection or association as to the source, sponsorship, or affiliation of the parties’ products and services, when in fact none exists, given the similarity of the parties’ logos, trade channels, and consumer bases.”
Buc-ee’s lawsuit against Beaver’s Mini Mart in Beavercreek alleging trademark infringement has outraged some community members, who say they cannot believe a massive chain is going after a small mom-and-pop convenience store that has operated for years, long before Buc-ee’s entered the local market.
Some businesses, including Cake, Hope and Love on North Fairfield Road and Bellbrook Candle Company, jokingly changed their logos to beavers for the day in solidarity.
The Beavercreek Chamber of Commerce has members throughout the Dayton area, including in Huber Heights. Membership is also open to local franchises of national chains, like McDonalds. Buc-ee’s is not a Beavercreek Chamber of Commerce member.
“I can't speak to the legal side and I'm not going to. But, regardless, we as the chamber, of course, are proud to support our businesses that are here, continue to invest in our community and continue to contribute to our local economy,” Rodgers said.
The city of Beavercreek has no official position, said Beavercreek Mayor Don Adams, as it is the subject of litigation between private businesses. Adams said, however, that in his personal opinion, the lawsuit “doesn’t make sense to me.”
“I support Beaver’s Mini Mart. They are a business here in Beavercreek; they’ve been contributors to the community here in Beavercreek,” he said.
Community members have organized a “Cash Mob” for Friday, Aug. 4, encouraging folks to take their business to Beaver’s Mini Mart and spend at least $20 there at some point that day. A GoFundMe has also been set up for the mini mart.