Oklahoma Small Business Fights Buc-ee’s Over Trademark Dispute

An Oklahoma small business owner is gearing up for a legal fight against the gas station chain Buc-ee’s, which claims that his logo infringes on its trademark. Jarrad Hewett, the owner of Nut Huggers Apparel, received a cease-and-desist letter demanding he stop using his logo, just weeks after his most profitable month since launching the business three years ago.

Nut Huggers Apparel specializes in innovative underwear designed for active lifestyles, featuring a patented redesign for comfort. Hewett expressed surprise and disappointment upon receiving the three-page letter from Buc-ee’s attorneys, especially after investing hundreds of thousands of dollars into his venture.

Logo Dispute and Claims of Trademark Infringement

Hewett’s logo depicts a cartoon squirrel holding two acorns, a design he describes as having a “tongue-in-cheek humor.” In the letter, Trent Menning, assistant general counsel for Buc-ee’s, asserted that Hewett’s logo constitutes a trademark infringement due to its portrayal of a cartoon rodent character. The letter specified that Nut Huggers was using “a cartoon brown rodent character, smiling with buck teeth, in various depictions.”

Beyond the logo itself, Buc-ee’s demands extended to prohibiting the use of cartoons, rodents, and specific colors such as red, yellow, and brown. The company also requested that Hewett cease using baseball hats and front-facing images of his logo.

In response, Hewett indicated his willingness to make concessions, including stopping the use of certain colors and modifying the profile of his logo. However, he claims that Buc-ee’s continued to push for further restrictions, stating, “They came back and basically said, ‘Great, now that you’ve given us this, we want everything else.’”

Legal Precedents and Commitment to Fight

Buc-ee’s has a history of pursuing legal action against other businesses in various states, including Missouri, South Carolina, North Carolina, and Florida, over similar trademark issues. Despite this, Hewett believes that his case is different and is determined to stand his ground.

“I think that it’s time that somebody stands up and says, this isn’t right,” he stated. “There’s no infringement here. You all don’t have the right to be doing this and take away people’s local livelihoods.”

As the situation unfolds, Hewett’s commitment to fight for his business reflects a broader theme of small businesses facing challenges from larger corporations. News 4 reached out to Buc-ee’s Corporate Offices and Menning for a response but has not yet received any comment.

This case highlights the complexities surrounding trademark laws and the impact they can have on local entrepreneurs striving to make their mark in the marketplace.