A $3 cookie at The Original Goodie Shop in Upper Arlington is sending a dollar south to help a small Beavercreek business fight a trademark lawsuit filed by Texas-based chain Buc-ee's.
The Tremont Center bakery launched the fundraiser Aug. 5, selling cookies decorated with the Beaver's Mini Mart logo and address, according to NBC4. Each cookie costs $3, with $1 from every sale going directly to the Beavercreek corner store, which Buc-ee's sued July 28 in U.S. District Court for the Southern District of Ohio.
The bakery said on its Facebook page that it contacted Beaver's Mini Mart and received permission to recreate the store's logo on the cookies before launching the campaign.
What's the lawsuit about?
Buc-ee's, the travel center chain that opened its first Ohio location in Huber Heights in April, roughly 16 miles from Beaver's Mini Mart, alleges the mini mart's smiling cartoon beaver logo and red color scheme too closely resemble its own federally registered trademarks, according to Fox Business.
Beaver's Mini Mart owner Vik Boparai has operated the store at 1592 Hanes Road for years before Buc-ee's arrived in Ohio. The store has no gas pumps and sits miles from the nearest interstate.
"I don't know why they would sue a small business like mine," Boparai told The Cincinnati Enquirer, as reported by Fox Business. "I have two kids and this store is how I feed them."
Beavercreek Councilman Zach Upton called the lawsuit overreach, saying common sense is not prevailing and that no one could confuse the neighborhood corner store with a massive travel center. Beaver's Mini Mart has until approximately Aug. 19 to respond to the suit.
Community rallies
The Original Goodie Shop isn't the only business stepping up. More than 20 businesses in Beavercreek and nearby communities have temporarily added beavers to their social media logos in solidarity, according to Law Commentary. A GoFundMe for the mini mart raised more than $5,000 toward a $7,000 goal within two days, and a local Facebook group organized an all-day cash mob for Aug. 7, encouraging people to visit the store and spend $20.
Buc-ee's has filed more than a dozen trademark lawsuits against businesses with animal mascots and has won nearly all of them, often because smaller companies settle or lack resources to fight.
How to help from Upper Arlington
The Original Goodie Shop is at 2116 Tremont Center. Hours are Monday through Thursday 7 a.m. to 6 p.m., Friday 7 a.m. to 7 p.m. and Saturday 7 a.m. to 5 p.m. The bakery was founded in 1967 by Jim Krenek, a Navy baker during World War II.
No end date for the cookie fundraiser has been announced.
Coming up
- Friday, Aug. 7: All-day cash mob at Beaver's Mini Mart, 1592 Hanes Road, Beavercreek.
- Aug. 19: Deadline for Beaver's Mini Mart to respond to the Buc-ee's lawsuit in federal court.
