Anyone from the Midwest knows the Buc-ee's logo like the back of their hand. In states everywhere from Texas to Virginia, billboards telling you to drive 50 miles to the nearest store pop up on interstates and highways, and they all use an effective marketing strategy. Each sign features the Buc-ee's beaver symbol, which has become a representative of the enterprise that makes billions annually. As it turns out, the Texas-based company isn't the only one that was trying to use this friendly beaver to draw in customers.
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In a recent copyright infringement claim, Buc-ee's is accusing Nut Huggers Apparel of exploiting the famous logo that has served Buc-ee's so well to sell its own products, which include underwear and boxers. Even though the name bears a certain originality that's all its own, its mascot—which is also a beaver—bears a striking similarity to the Buc-ee's one, according to the travel center powerhouse. However, Jarad Hewett, the owner of Nut Huggers, told Oklahoma news station KFOR-TV that Buc-ee's accusing him of infringement simply "isn't right."
After having his most profitable month of sales since starting his business 3 years ago, Hewett received a cease-and-desist letter from Buc-ee's, which apparently suggested that they "owned all cartoon rodents." Hewett was willing to compromise with the convenience store chain, offering to remove specific colors from his logo, like red and yellow. According to him, this only made matters worse.
"They came back and basically said, 'Great, now that you've given us this, we want everything else," Hewett shared to KFOR-TV. Now, the Oklahoma-based company is in a legal dispute with one of the biggest convenience store chains out there.
Hewett Claims "There's No Infringement Here"
Buc-ee's, which is arguing in this case that Nut Huggers is causing consumer confusion, must prove that it owns a valid and protectable trademark and that Nut Huggers' logo is likely to be mistaken by customers for Buc-ee's.
In a situation like this, it might be helpful for Nut Huggers to argue that their use of a similar logo constitutes parody, or an imitation of the Buc-ee's logo. For this, they would have to prove that they are, in fact, referencing the Buc-ee's beaver, and that their version is different from the original in some way. Right now, it seems like Hewett, the owner of Nut Huggers, doesn't think they're in the wrong.
"I think it's time that somebody stands up and says, this isn't right. There's no infringement here," Hewett told KFOR-TV. He accused Buc-ee's of being greedy, saying, "You all don't have the right to be doing this and take away people's local livelihoods."
Photo by: Brandon Bell/Getty Images
