Megan Finke, WHIO.com and Xavier Hershovitz, WHIO; Law expert says Buc-ee’s faces uphill battle in Beaver’s Mini Mart suit
"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."
