Professor Betars: Buc-ees on solid Constitutional ground in battle with small mini-mart
In this episode of Legally Speaking on WFMJ today, Professor David Betras convenes a session of his extremely popular Sharde Tree Law School to provide context to the story that is taking the nation by storm: the lawsuit filed by Buc-ee’s the gigantic Texas-based company that operates mammoth travel stores/gas stations across the U.S. against Beaver’s Mini-mart a small convenience store located in, of all places, Beavercreek, Ohio
In it’s lawsuit Buc-ees alleges that the owners of Beaver’s are guilty of copyright infringement because their logo is, well as one might expect, it’s a Beaver, albeit one that bears little resemblance to cartoon character that adorns Bue—ees buildings and merchandise.
As professor Dave explains, Section 8, Clause 8 of the U.S. Cons institution empowers Congress to create laws governing copyrights and Article 1 Section 3 gives Congress the power to regulate interstate commerce. Congress used that Constitutional authority during the Truman Administration to pass the Lanham Act which applies to trademarks. That means the law, like Professor Dave, has been around for a while.
First, I’ll confess, . I’ve been there. They’re pretty cool places. They’re amazing places. Oh,
the food’s delicious,” Professor Dave said. “That said, think of the Nike swoosh or the Apple
apple. You can’t copyright an apple. You can’t trademark an apple. But you can trademark a logo that incorporates those elements.”
“So, Buc-ees has trademarked that version of that beaver, and Congress has given them the ability to protect that trademark, And the law gives them the ability to seek a court order that would shut down anyone that tries to infringe upon that,” he continued.
“I saw those two pictures side by side. Yeah. Kind of look alike. I think Buc-ee’s. Yeah. Is that it? Yeah, that’s it. Look, I learned something this morning. Buc-ee’s is going to win that case.”
“Really? Okay, that’s interesting,” Steve Vescey said. “I mean, does it…Is it just like you’re looking at the image, period? Because Buc-ee’s didn’t even expand out of
Texas until 2018, and this place has been around for like 20 years.”
“It doesn’t matter,” Professor Dave responded. “It’s a national trademark, and say it’s a picture of me or whatever, you can’t take like a common item like water and say I’m trademarking water but if you have water twisted into a certain version you know the best thing I can give a people of an example is that is that the Nike swoosh.”
“It is a protected trademark,” Professor Dave continued. “If you come out with a tennis shoe and you’re putting a check mark on it yeah, you’re gonna get A door knock from Nike saying, uh-uh. And these companies have to protect their trademarks. I mean, that is a brand. Think of the McDonald’s M. M. M is a letter, but the way they have the M design is going to be protected.”
“You didn’t think you’d be getting a lesson in constitutional law this morning, did you?” Professor Dave asked. “But you did.”
“Well,” Steve Vescey said, “this is why we have you here, right? Two reasons. Constitutional law and donuts.”
If you want to learn more about the Buc-ees vs Beaver Mini-Mart battle, visit YouTuve and search Bue-ees on Last Week Tonight With John Oliver.
