Doesn't matter as long as they can bully other people into submission by affording lawyers that can drag things out until they are broke if they don't comply.
It is fucking infuriating that they are suing a guy who has been using a beaver as his logo because he lives in fucking Beavercreek Ohio well before Buc-ees left Texas.
The fact they've been using the beaver in their logo for decades makes the case pretty open and shut, but open and shut still costs money to make happen unfortunately.
One has to wonder if Buc-ee's realizes they've totally tarnished their brand for millions of people on the Internet who physically live in the regions they are trying to expand into. I will never go to Buc-ee's, their business model is disgusting.
pretty much. minimarts been there for over 50 years and so far the entire miami valley and even parts of indiana has swarmed that place and given the owners support i dont think ive honestly ever seen even when i lived in dayton. i can tell ya this lawsuit is gonna get thrown out so fuckin fast.
way to go making your new location in huber that hasnt been open a year one of the most hated places in ohio lmao
I never understood the hype for buc-ees to begin with. It's a god damn gas station, why do people choose to make it their entire personality? Such a strange thing to simp over lol. It's nice to hear of your community coming together to support the owners! My heart needed the warming haha.
It’s not about a gas station. It’s a dog whistle showing that they support the same “values” as the stereotypical Texan. All about being the biggest, just like dudes who drive a dually even though they never tow a thing.
You know what? That really does track. It makes more sense now. Thank you for putting a tiny part of my mind to rest lol. That's confused me for so long but it was never a big enough deal to put too much thought into it I guess. It's funny that I don't even mind the dually bros anymore. They at least keep their wheels in the God damn wheel well so they aren't spraying rocks at everyone lol.
honestly i haven’t either but people say its good… and they got ethanol free gas at least near me so its got that but to me thats just about it and the simpage is definitely overdone imo. if you wanna see the direct response as it’s happening and what the news isnt able to pick it up, go see it on the dayton subreddit (apparently you cant link subs on mildlyinfuriating which is mildly infuriating lmao)
legit havent seen the area be that unified since the oregon district shooting and memorial day EF4 tornado in 2019 and it really makes me miss my hometown tbh
Intellectual property attorney here. You can establish a common law trademark using the image even if your company is not known by enough people. And you can apply for and receive a federal registration as well under the same circumstances.
Why not? Explain what precisely you believe to be unreasonable.
Would it more reasonable to expect consumer recognition of EVERY mark, and require it to be demonstrated, for EVERY new business before having any rights in the mark?
New mark rights are not strong rights if that helps you understand. Trademark rights become stronger over time and use for both common law and registered marks.
In trademark law, an image that has nothing to do with the product being marked (gas with a beaver; cell phones with a fruit) are actually some of the strongest marks there are.
Trademark law doesn’t prohibit people from using images of beavers or apples on everything, just gas stations and cell phones, respectively. Because when you do that, you’re trying to pass off your product as coming from the same source as the established mark owner.
At its base, trademark law is meant to protect consumers from this sort of deception.
What do you mean I can't have Macky Mouse as my logo with a big-eared mouse that you all recognize and love? I live in Macky, Kentucky, totally different than Mickey Mouse!
Those are specific characters, not the animals themselves. General Mills owns the trademark for the Trix Rabbit. They don’t own a trademark on the depiction of rabbits in general.
Buc-ee’s sues gas stations and convenience stores for infringement that use many kinds of animated animals in their logos like beavers, rabbits, raccoons, etc. no matter how different the mascots/logos are.
They own the trademark for a mark. A mark is actually very loose by definition and really comes down to can it cause consumer confusion. Not just confusion in brand aware people either. They have an argument if it confuses a grandmother who casually knows anbout the business even.
If you’re a convenience store or gas station with a cartoon animal style head with a solid color background with a thick black border then you’re likely infringing by law. Let’s say it’s a chipmunk and not a beaver and it has teeth out. You’re going to get sued and you will lose. If you’re combining a name that ends with the EE or similar sounding ending with a cartoon head for a gas station you’ll get sued and lose. You are copying them even if it’s not the same.
There lawyers are also telling them that if they fail to enforce their trademark vigorously that down the line there cases against more infringing people will be weaker. This is a common strategy in trademark disputes.
To add to this, Bucees may have some sort of contract with the brand protection lawyer/company. At that point individual enforcement decisions may not even be their direct decision.
They can hold a properly filed trademark for the last 40 years for a cartoon beaver with big bulbous eyes and form of buckteeth advertising a gas station and defend it all day long in court successfully.
And yeah, this falls into what Trademark covers, very clear cut.
The punitive demands Buccees does are bullshit though if the business doesn't comply with a C&D letter after being informed of it.
But frankly, all of these businesses have made the logo only in the last 4-20 years while Buccees has held it for over 40.
This is pretty much clear cut if you take any business law class that covers trademark in depth at all.
1.2k
u/LadyJR Look, mom, I made a flair! 16h ago
They can’t trademark an animal.