Buc-ee's settles trademark lawsuit against Ohio convenience store - USA Today
Buc-ee's settled a lawsuit against an Ohio convenience store, according to court records.
The travel-stop giant and Coles IP Holdings, LLC, owner of Mickey's, a convenience store with 42 Ohio locations, reached a confidential agreement on the "material terms" on Sept. 15, according to court records. The Buc-ee's lawsuit was originally filed in Ohio federal court in February.
Coles IP Holdings countersued in April, alleging unfair competition through malicious litigation and trademark infringement.
The settlement terms are not indicated in the record. USA TODAY reached out to Mickey's and Buc-ee's for comment.
The aggressive push by Buc-ee's to protect its trademarks has drawn backlash, most notably from television host John Oliver. Oliver challenged Buc-ee's to sue him over trademark infringement during the July 26 episode of "Last Week Tonight," when the show introduced merchandise featuring a logo similar to Buc-ee's logo.
Buc-ee's argued in court documents that Mickey's logo, a smiling cartoon moose inside a red hexagon, is too similar to its own.
Both animals face right and have wide eyes and a smile, Buc-ee's said in court documents.
Buc-ee's also argued that Mickey's transition from Mickey Mart, the company's former name, would create customer confusion because it "closely resembles" the Buc-ee's trademark. In its countersuit, Coles IP Holdings said that "Buc-ee’s claims ignore reality" and that "Ohio consumers can readily distinguish a moose from a beaver."
The company pointed to Buc-ee's "reputation for aggressively enforcing" its trademarks, saying the newcomer "filed its objectively baseless claims with the subjective intent to injure Coles IP’s ability to be competitive."
The lawsuit was one of two the company filed in the state that drew criticism.
Buc-ee's sued Beaver's Mini Mart in Beavercreek, Ohio, claiming its customers may be confused by the mini mart's logo, which features a smiling beaver standing tall next to the store's name in a red-letter font, according to the complaint. That lawsuit, originally filed in August, is ongoing.
Buc-ee's opened its first Ohio location in April.
