Trademark attorney says beaver and moose coexisted for 35 years
Buc-ee’s, the Texas-based gas-station chain known for its beaver mascot and cult following, has filed a federal trademark lawsuit against Mickey’s, a 42-store Ohio convenience chain, arguing that its moose logo would confuse consumers. The lawsuit seeks to force Mickey’s to turn over all moose-related profits and “deliver up and destroy” all moose merchandise, signage, packaging and advertisements.
Buc-ee’s argues that the beaver and moose are both “facing right with wide eyes and a smile,” according to its lawsuit filed this year. The chain has more than 50 locations in 13 states and bills its stores as “highway oases,” offering Beaver Nuggets, jerky, fudge and a dizzying array of beaver-themed products.
The dispute has left some Ohio customers sour on Buc-ee’s, which opened its first store in the state this spring in Huber Heights, near the intersection of I-70 and I-75. The store, with 50 gas pumps and more than 700 parking spaces, took in more than $1 million on its opening day in April, according to the mayor of Huber Heights.
“Everyone I know that has discussed it, and looked at the two logos, said that’s bulls—,” Chad Dinger, a fiber-optics engineer who lives outside Columbus, told the Wall Street Journal. Dinger said he used to stop at Buc-ee’s to get gas and a brisket taco but recently drove past a Buc-ee’s in Kentucky.
Trademark attorney Alice Denenberg said the beaver and moose appear to have coexisted in the convenience-store and gas-station marketplace for at least 35 years, based on trademark records. “I’m perplexed by Buc-ee’s extremely aggressive position,” said Denenberg, who practices in New York.
Mickey’s, owned by Coles IP Holdings, opened its first store in the early 1980s. Its attorneys assert in a court filing that “a moose is not a beaver,” and point to the use of cartoon animals by convenience stores since at least the 1930s, including Sinclair Oil’s dinosaur, Stinker Stores’ skunk, Esso’s tiger and Wawa’s goose.
Dan Coles, the son of founder Mick Coles who now runs the business, said the moose was inspired by one of his own children’s drawings. The company posted on Facebook that a moose has 6-foot antlers “for defending territory,” while a beaver has a flat tail “for slapping water.”
The lawsuit is gnawing at some Ohioans. “Stupid,” “disappointing,” “WTF?!” were a few reactions on Reddit, according to the Journal. “They better hope I’m not on a jury—Mickey Mart has been a staple around rural Ohio towns for decades,” wrote one Buckeye.
A representative for Buc-ee’s said it doesn’t comment on ongoing litigation.
The lawsuit is not Buc-ee’s first this year against a cartoon animal mascot. The chain also sued Georgia-based Teddy’s Market over its koala bear logo. “Behind the friendly, cap-wearing Beaver with the goofy smile is a hit-style trademark enforcement legal team that is slowly taking-out cartoon animals one by one,” Denenberg wrote in an online post.
Despite the backlash, Buc-ee’s retains a legion of loyal fans who come for the Beaver Nuggets, sparkling restrooms and the novelty of its massive stores, where workers shout when they slice up steaming brisket. On a recent day at the Huber Heights store, customers filled up their RVs, posed for photos under the big red Buc-ee’s sign, and bought venison and beef sausage, banana nut bread, dog toys and apple maple bacon jam.
A couple of hours away in Mickey’s territory, supporters said they like everything from the chain’s prices to its pizza. Jen Schultz of Norwalk invited Mickey the Moose to her May wedding after seeing TikTokers invite A-listers to their events. Mickey RSVP’ed, showed up in a tuxedo and proposed with a ring pop.
Chip Swank, a welder stopping at a Mickey’s in Bellville, said he has been a loyal customer for decades. “It seems like the big guy is trying to run over the little guy,” he said of the lawsuit.