Beaver v. Moose in court

MILAN TWP. — National travel center convenience store brand Buc-ee's recently filed suit in federal court against Milan-based Coles IP, which owns Mickey's stores. Buc-ee's, headquartered in Lake Jackson, Texas, is an American chain of gas stations and convenience stores with about 54 locations, most of which are in Texas. Mickey's operates 42 stores, all of which are in Ohio, north of Columbus, according to its website, mickeythemoose.com. The first Buc-ee's in Ohio is set to open near Dayton on Ohio 235 in April. The closest Mickey's to that location is in Bellville, nearly two hours away. Mickey's maintains a number of locations in the region, including Tiffin, Republic, Sycamore and Fremont, among others. The Buc-ee's logo features a cartoonish beaver with oversized eyes looking up and to the right on a yellow circle trimmed in black. The beaver is wearing a red ball cap. Mickey's, formerly Mickey Mart, logo is a cartoonish moose with oversized eyes looking up and to the right on a red hexagon trimmed in black. Buc-ee's claims Mickey's logo is too similar to the one its company uses. Buc-ee's came into existence in 1982. Mickey's trademark was issued in 2020, according to the lawsuit. The suit was filed in U.S. District Court for the Northern District of Ohio last week. "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," the suit states. It goes on to state that the likelihood of confusion is exacerbated by the move from Mickey Mart branding to simply Mickey's, which Buc-ee's believes sounds too similar to its own brand. Buc-ee's goes on to claim that consumers online have questioned whether the two brands are related. The civil action claims Mickey's is infringing Buc-ee's trademark and asks the court to cancel Mickey's trademark. Mickey's has not filed an answer as of late Thursday. More suits filed This isn't Buc-ee's first foray into the field of trademark infringement. In November, the brand sent a demand letter to the owner of an Oklahoma-based men's underwear manufacturer. Nut Huggers received the letter. Its mascot is a cartoonish squirrel with oversized eyes holding two acorns. The most recent filing in that case is from Nut Huggers asking for an extension to file its answer. Buc-ee's has also sued Born United, a South Carolina-based clothier. Born United at one time reportedly offered items that featured a very similar beaver but instead of a red hat, the mammal is wearing military tactical gear. After the suit was filed, Born United removed the alleged trademark-infringing gear from its website. Buc-ee's also filed suit against Owl and Anchor in Arizona and Prometheus Esoterica in Florida. Owls and Anchor was allegedly selling patches and stickers featuring hatted beavers, while Prometheus Esoterica was selling shirts showing a beaver in gothic attire and a beaver resembling the evil Christmas spirit, Krampus.