Buc-ee's sues Ohio chain for trademark infringement, arguing logos too similar

Buc-ee's sues Ohio chain for trademark infringement

Popular gas station chain Buc-ee's is suing another chain based in Ohio, claiming their logos are too similar. FOX 26's spoke to an attorney who says Buc-ee's has no choice but to defend its trademark.

HOUSTON - Buc-ee's has filed a federal lawsuit, claiming trademark infringement against the Ohio-based Mickey's chain of convenience and gas stations. 

Buc-ee's files federal lawsuit against Ohio-based business

What we know:

The suit argues Mickey's "moose" mascot and logo is too similar to Buc-ee's iconic beaver. The court will have to consider the two cartoonish animal caricatures that each face to the right, with wide eyes and smiles. In its filing, Buc-ee's says the similarity "is likely to cause confusion among customers."

Mickey's has 42 locations, all in northern Ohio. Online photos suggest the store designs are unique and different from Buc-ee's locations. It's new logo was introduced last summer.

Since opening it's first location in Lake Jackson in 1982, Buc-ee's has become enormously popular, with an extended footprint in at least 10-states, beyond Texas. As its popularity grows, so do imitations, that the company aggressively tries to protect against. The company has filed nearly a dozen, similar, suits over the years and been very successful. Intellectual property experts say companies have an obligation to protect their image, to avoid any precedent that might allow their brand to be diluted.

The suit was filed in the District of Northern Ohio court, and a date has not been set to consider it.

What they're saying:

"Buc-ee’s will not stand idly by while others infringe upon its intellectual property rights it has worked tirelessly to build and protect," says Buc-ee's general counsel Jeff Nadalo, in a published statement.

"If you fail to enforce your trademarks, that gives competitors the ability to argue, maybe, it's been abandoned," says patent attorney John Rizvi, known as The Patent Professor, "The first time you see an infringement, you really have to take an aggressive stance. Otherwise, that emboldens other competitors to jump in and do the same."