BEAVERCREEK — A federal judge is ordering Buc-ee’s to prove why he shouldn’t dismiss the gas station chain’s case against Beaver’s Mini Mart in Beavercreek.
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News Center 7’s Xavier Hershovitz is working to learn more about the case and what comes next. He’ll have more tonight on News Center 7 starting at 5:00.
In an order filed on Tuesday, District Judge Michael J. Newman ordered Buc-ee’s to show cause as to why its case against the convenience store on Hanes Road should not be dismissed “for failure to perfect service in accordance with the time limits” set by federal rule.
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The federal rule states that Buc-ee’s must serve Beaver’s Mini Mart within 90 days of the filing of the complaint.
As previously reported, the original complaint was filed on July 28, and an amended complaint was filed on Oct. 20. A second amended complaint was filed last week.
“To date, there is no evidence on the docket that the defendant has been served,” the judge wrote in Tuesday’s order.
The judge set a deadline on Nov. 17 for Buc-ee’s to show why the case shouldn’t be dismissed.
As News Center 7 previously reported, the chain alleges that the cartoon beaver on the mini mart’s sign resembles Buc-ee’s iconic logo too closely.
In an amended complaint filed in federal court last month, Buc-ee’s claims the mini mart told news media that “it had never heard any objection for Buc-ee’s prior to its filing the lawsuit.”
Buc-ee’s claims in the court documents that it first reached out to the mini mart, located on Hanes Road, in March 2026 and never got a response.
Buc-ee’s sent the mini mart cease-and-desist letters two more times, including hand-delivering one in June, but did not get a response.
They filed the federal lawsuit the following month.
News Center 7 received the following statement from Beaver’s Mini Mart on Oct. 23:
“We understand and are disappointed that Buc-ee’s amended its complaint rather than dropping it entirely. Beaver’s Mini Mart appreciates the continuing outpouring of support for our small locally-owned business. We are reviewing all of our options with legal counsel and will respond at the appropriate time.”
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