On Wednesday, YETI Coolers, Inc. filed a complaint to the Western District of Texas against Love Deals Inc. and Endliss Technology Inc. alleging trade dress infringement and dilution and unfair competition.
According to the complaint, YETI is a designer, developer, manufacturer and seller of insulated drinkware products, including its “well-known” 20 oz. Rambler Tumbler and 30 oz. Rambler Tumbler. YETI states that through its extensive and continuous promotion and use, its 20 oz. and 30 oz. Rambler Tumblers have acquired substantial secondary meaning granting YETI ownership of the trade dress rights in the design and appearance of the Tumblers.
Additionally, the complaint states that Love Deals and Endliss are both California corporations and related corporate entities having at least one common registered agent and officer. YETI alleges that Love Deals and Endliss have purposefully advertised, marketed, promoted, offered for sale, sold, distributed, manufactured and imported insulated drinkware products that violate YETI’s trade dress rights.
Specifically, YETI argues that the defendants are advertising, marketing, promoting, selling, manufacturing and distributing products that directly infringe upon YETI’s trade dress for their 20 oz. and 30 oz. Rambler Tumbler. Additionally, YETI alleges that the defendants are trying to confuse consumers into thinking that their drinkware products are associated with, sponsored by, or approved by YETI, when they are not.
YETI states that it has invested significant resources in the development and advertisement of the Rambler Tumblers to make its Tumblers trade dress famous and to acquire valuable goodwill and substantial secondary meaning in the marketplace. Further, it purports that the defendant’s products are confusingly similar imitations of YETI’s products in violation of its trade dress, and the defendants unlawful activities have been intentional, willful and malicious.
Accordingly, YETI filed the present lawsuit seeking declaratory and injunctive relief, an order requiring the defendants to recall and destroy all infringing drinkware and issue a public notice providing proper attribution of YETI’s Tumbler Trade Dress to YETI, along with actual, enhanced, punitive and exemplary damages, prejudgment and post judgment interest, attorney’s fees and costs. YETI claims six causes of action in violation of the Lanham Act warranting such relief including trade dress infringement, trade dress dilution, unfair competition and false designation of origin.
YETI is represented by Banner Witcoff.
