BEAVERCREEK — It’s the beaver brand battle that has people talking across the country.
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Buc-ee’s is suing Beaver’s Mini Mart in Beavercreek.
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A law expert tells News Center 7 that she doesn’t believe a judge or jury would rule in Buc-ee’s favor.
News Center 7’s Xavier Hershovitz found out many cases don’t even make it that far.
“It’s ridiculous. It’s getting out of hand,” Darby Salyers, of Xenia, said.
That’s what Penny Jo and Darby thought when they learned Buc-ee’s was suing the mini mart over copyright infringement.
“Absolutely petty and ridiculous. They’ve been here over 20 years. I mean, this is part of our life,” Penny Jo Bilbrey, of Spring Valley, said.
News Center 7 wanted to get a legal perspective on the beaver-brand battle.
Hershovitz talked with University of Michigan law professor Jessica Litman. She focuses on intellectual property law.
“Trademark infringement requires the trademark owner to prove that the marks are sufficiently similar that consumers are likely to be confused,” Litman said.
She said Buc-ee’s has filed several lawsuits against businesses for copyright infringement.
“When Buc-ee’s started a national expansion, it started filing trademark suits against other convenience stores attached to gas stations that it saw in the way of its expansion, and it’s been something of a bully,” Litman said.
When looking at the two logos, Litman said she finds it unlikely that it would “be able to prove a likelihood of confusion.”
But she said these lawsuits are very expensive.
While she believes no judge or jury would rule in Buc-ee’s favor, getting to that point can be tough for small businesses.
“A number of businesses have decided that it’s way too expensive to go to trial on this, and have settled by agreeing to change their neighbor logo,” she said.
Bilbrey thinks the lawsuit is “a waste of time.”
They’re focused on the way the community has come together to support the mini mart.
There’s a GoFundMe to help with legal fees. At last check, it’s raised over $27,000.
News Center 7 will continue to follow this story.
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