Yeti Coolers v. Wadley Holdings - Complaint

Case 1:17-cv-00421 Document 1 Filed 05/05/17 Page 1 of 42
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
YETI Coolers, LLC, Case No. 1:17-cv-00421
Plaintiff, COMPLAINT FOR DAMAGES AND

INJUNCTIVE RELIEF FOR:
v.
(1) TRADE DRESS DILUTION IN
Wadley Holdings, LLC d/b/a VIOLATION OF TEX. BUS. & COM. CODE
Meadowcraft, and 16.103;
(2) TRADE DRESS INFRINGEMENT IN
Southern Sales & Marketing Group, VIOLATION OF 15 U.S.C. 1125(a);
Inc. d/b/a nICE (3) TRADE DRESS DILUTION IN
VIOLATION OF 15 U.S.C. 1125(c);
Defendants. (4) UNFAIR COMPETITION AND FALSE
DESIGNATION OF ORIGIN IN
VIOLATION OF 15 U.S.C. 1125(a);
(5) PATENT INFRINGEMENT IN
VIOLATION OF 35 U.S.C. 271
(6) COMMON LAW TRADE DRESS
INFRINGEMENT;
(7) COMMON LAW UNFAIR COMPETITION;
(8) COMMON LAW MISAPPROPRIATION;
AND
(9) UNJUST ENRICHMENT.
Jury Trial Demanded
COMPLAINT
Plaintiff, YETI Coolers, LLC (YETI), for its complaint against Wadley Holdings, LLC
d/b/a Meadowcraft (Meadowcraft) and Southern Sales & Marketing Group, Inc. d/b/a nICE
(nICE) (collectively, Defendants), alleges as follows:
The Parties
1. YETI is a company organized and existing under the laws of the State of
Delaware with a principal place of business at 5301 Southwest Parkway, Suite 200, Austin, TX
78735.
2. On information and belief, Wadley Holdings, LLC d/b/a Meadowcraft is a
company organized under the laws of the State of Alabama with a place of business at 134 Clay
St., Wadley, AL 36276, that does business under the name Meadowcraft, including through the
web site https://meadowcraft.com/, and through retailers such as Amazon.
3. On information and belief, Southern Sales and Marketing Group, Inc. d/b/a nICE
is a company organized under the laws of the State of Georgia with a principal place of business
at 5801 Trade Center Ct., Suite A, Villa Rica, GA 30180, that does business under the names
nICE and nICE Tumblers, including at least through the web site http://www.nicetumblers.com,
and through retailers such as Amazon and Target.
4. On information and belief, Wadley Holdings, LLC d/b/a Meadowcraft is a fully
owned subsidiary of Southern Sales and Marketing Group, Inc. d/b/a nICE.
Jurisdiction and Venue
5. This is an action for trade dress dilution, trade dress infringement, unfair
competition and false designation of origin, patent infringement, misappropriation, and unjust
enrichment. This action arises under the Texas Business & Commerce Code, the Trademark Act
of 1946, 15 U.S.C. 1051, et seq. (the Lanham Act), the Patent Act, 35 U.S.C. 1, et seq.,
federal common law, and state common law, including the law of Texas.
6. This Court has subject matter jurisdiction over this action pursuant to at least 15
U.S.C. 1121(a) and 28 U.S.C. 1331, 1338(a) & (b), and 1367(a).
7. This Court has personal jurisdiction over Defendants because, inter alia,
Defendants are doing business in the State of Texas, including in this District. For example, and
as discussed in more detail below, (i) Defendants have advertised, promoted, offered for sale,
sold, and/or distributed, and continue to advertise, promote, offer for sale, sell, and/or distribute,
2
infringing products to customers and/or potential customers, including in this District at least
through Defendants websites (e.g., https://meadowcraft.com/, http://www.nicetumblers.com,
http://www.nicecoolers.com, and http://www.facebook.com/nicecoolers) and through retailers
such as Amazon and Target, (ii) Defendants tortious acts giving rise to this lawsuit and harm to
YETI have occurred and are occurring in the State of Texas, including in this District, (iii) on
information and belief, Defendants acted with knowledge that their unauthorized use of YETIs
rights would cause harm to YETI in the State of Texas and in this District, and (iv) Defendants
customers and/or potential customers reside in the State of Texas, including in this District.
8. Venue is proper in this District pursuant to at least 28 U.S.C. 1391(b) and (c).
General Allegations YETIs Intellectual Property
9. For several years, YETI has continuously engaged in the development,
manufacture, and sale of its insulated products, including insulated drinkware. YETI created
unique, distinctive, and non-functional designs to use with YETIs insulated drinkware. YETI
has extensively and continuously promoted and used these designs for years in the United States
and in Texas. Through that extensive and continuous promotion and use, YETIs designs have
become well-known indicators of the origin and quality of YETIs insulated drinkware products.
YETIs designs also have acquired substantial secondary meaning in the marketplace and have
become famous. As discussed in more detail below, YETI owns trade dress rights relating to its
insulated drinkware designs.
10. Several years ago, YETI introduced its 30 oz. Rambler Tumbler, 20 oz.
Rambler Tumbler, and Rambler Colster beverage holder into the marketplace
(collectively, Rambler Drinkware). YETI has sold millions of the Rambler Drinkware
throughout the United States, including sales to customers in the State of Texas. YETI has
3
invested significant resources in the design, development, manufacture, advertising, and
marketing of the Rambler Drinkware. The designs and features of the Rambler Drinkware
have received widespread and unsolicited public attention. For example, the Rambler
Drinkware have been featured in numerous newspaper, magazine, and Internet articles.
11. The designs of the Rambler Drinkware have distinctive and non-functional
features that identify to consumers that the origin of the Rambler Drinkware is YETI. As a
result of at least YETIs continuous and exclusive use of the Rambler Drinkware, YETIs
marketing, advertising, and sales of the Rambler Drinkware, and the highly valuable goodwill
and substantial secondary meaning acquired as a result, YETI owns trade dress rights in the
designs and appearances of the Rambler Drinkware, which consumers have come to uniquely
associate with YETI.
12. An exemplary image of a YETI 30 oz. Rambler Tumbler is shown below.
Illustration 1: Exemplary Image of a YETI 30 oz. Rambler Tumbler.
13. YETI has trade dress rights in the overall look, design, and appearance of the
4
YETI 30 oz. Rambler Tumbler, which includes the design and appearance of the curves,
tapers, and lines in the YETI 30 oz. Rambler Tumbler; the design and appearance of the
profile of the YETI 30 oz. Rambler Tumbler; the design and appearance of the walls of the
YETI 30 oz. Rambler Tumbler; the design and appearance of the rim of the YETI 30 oz.
Rambler Tumbler; the design, appearance, and placement of the taper in the side wall of the
YETI 30 oz. Rambler Tumbler; the design, appearance, and placement of the upper portion,
mid portion, and bottom portion of the side wall of the YETI 30 oz. Rambler Tumbler; the
design, appearance, and placement of the style line around the base of the YETI 30 oz.
Rambler Tumbler; the design, appearance, and placement of the tab on the lid of the YETI 30
oz. Rambler Tumbler; the design, appearance, and placement of the drinking opening on the
lid of the YETI 30 oz. Rambler Tumbler; the design, appearance, and placement of the top
plane of the lid of the YETI 30 oz. Rambler Tumbler; the design, appearance, and placement
of the side walls of the lid of the YETI 30 oz. Rambler Tumbler; the color contrast and color
combinations of the YETI 30 oz. Rambler Tumbler and the tumbler lid of the YETI 30 oz.
Rambler Tumbler; and the relationship of these features to each other and to other features.
14. An exemplary image of a YETI 20 oz. Rambler Tumbler is shown below:
5
Illustration 2: Exemplary Image of a YETI 20 oz. RamblerTM Tumbler.
YETI 20 oz. Rambler Tumbler, which includes the design and appearance of the curves,
tapers, and lines in the YETI 20 oz. Rambler Tumbler; the design and appearance of the
profile of the YETI 20 oz. Rambler Tumbler; the design and appearance of the walls of the
YETI 20 oz. Rambler Tumbler; the design and appearance of the rim of the YETI 20 oz.
Rambler Tumbler; the design, appearance, and placement of the taper in the side wall of the
YETI 20 oz. Rambler Tumbler; the design, appearance, and placement of the style line around
the base of the YETI 20 oz. Rambler Tumbler; the design, appearance, and placement of the
tab on the lid of the YETI 20 oz. Rambler Tumbler; the design, appearance, and placement of
the drinking opening on the lid of the YETI 20 oz. Rambler Tumbler; the design, appearance,
and placement of the top plane of the lid of the YETI 20 oz. Rambler Tumbler; the design,
appearance, and placement of the side walls of the lid of the YETI 20 oz. Rambler Tumbler;
the color contrast and color combinations of the YETI 20 oz. Rambler Tumbler and the
6
tumbler lid of the YETI 20 oz. Rambler Tumbler; and the relationship of these features to each
other and to other features.
16. An exemplary image of a YETI Rambler Colster beverage holder is shown
below:
Illustration 3: Exemplary Image of a YETI Rambler Colster Beverage Holder.
YETI Rambler Colster Beverage Holder, which includes the design and appearance of the
curves and lines in the YETI Rambler Colster Beverage Holder; the design and appearance
of the profile of the YETI Rambler Colster Beverage Holder; the design and appearance of
the walls of the YETI Rambler Colster Beverage Holder; the design and appearance of the
rim of the YETI Rambler Colster Beverage Holder; the design, appearance, and placement
of the top plane of the upper band of the YETI Rambler Colster Beverage Holder; the
design, appearance, and placement of the side walls of the upper band of the YETI Rambler
7
Colster Beverage Holder; the design, appearance, and placement of the style line around the
base of the YETI Rambler Colster Beverage Holder; the color contrast and color
combinations of the YETI Rambler Colster Beverage Holder and the upper band of the
YETI Rambler Colster Beverage Holder; and the relationship of these features to each other
and to other features.
18. As a result of YETIs exclusive, continuous and substantial use, advertising, and
sales of insulated drinkware products bearing YETIs trade dress, and the publicity and attention
that has been paid to YETIs trade dress, YETIs trade dress has become famous and has
acquired valuable goodwill and substantial secondary meaning in the marketplace, as consumers
have come to uniquely associate YETIs trade dress as a source identifier of YETI.
19. YETI also owns U.S. Design Patent No. D752,397 (the 397 patent), U.S.
Design Patent No. D779,285 (the 285 patent), U.S. Design Patent No. D779,891 (the 891
patent), U.S. Design Patent No. D779,892 (the 892 patent), U.S. Design Patent No.
D780,530 (the 530 patent), U.S. Design Patent No. D780,531 (the 531 patent), U.S. Design
Patent No. D780,532 (the 532 patent), and U.S. Design Patent No. D780,533 (the 533
patent) (collectively, YETIs design patents), all related to a beverage holder.
20. The 397 patent is entitled Beverage Holder. On March 29, 2016, the 397
patent was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire
right, title, and interest to the 397 patent. A copy of the 397 patent is attached as Exhibit 1. An
exemplary figure from the 397 patent is shown in Illustration 4 below.
8
Illustration 4: Exemplary Figure from the 397 Patent.
21. The 285 patent is entitled Beverage Holder. On February 21, 2017, the 285
9
10
11
24. The 530 patent is entitled Beverage Holder. On March 7, 2017, the 530 patent
was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire right, title,
and interest to the 530 patent. A copy of the 530 patent is attached as Exhibit 5. An exemplary
figure from the 530 patent is shown in Illustration 8 below.
12
13
14
15
General Allegations Defendants Unlawful Activities
28. Defendants have purposefully advertised, promoted, offered for sale, sold, and/or
distributed, and continues to advertise, promote, offer for sale, sell, and/or distribute products
that violate YETIs rights, including the rights protected by YETIs intellectual property. On
information and belief, Defendants also are making such infringing products and/or importing
such infringing products into the United States. Defendants infringing products are confusingly
similar imitations of YETIs products and are in the same size as YETIs products. Defendants
actions have all been without the authorization of YETI.
29. Defendants infringing products include at least their 30 oz. tumbler products, 20
oz. tumbler products, and beverage holders. Printouts with excerpts from Defendants web sites,
https://meadowcraft.com/ and https://nicetumblers.com/, showing exemplary images of
Defendants infringing products, are attached as Exhibit 9.
16
30. Exemplary images of Defendants infringing products are also shown below:
Illustration 12: Exemplary Image of Meadowcrafts

Infringing 30 oz. Tumbler Products.

Infringing 20 oz. Tumbler Products.
17

Infringing Beverage Holder Products.
18
Illustration 15: Exemplary Image of nICEs Infringing 30 oz. Tumbler Products.
Illustration 16: Exemplary Image of nICEs Infringing 20 oz. Tumbler Products.
19
Illustration 17: Exemplary Image of nICEs

Infringing Beverage Holder Products.
31. As a result of Defendants activities related to the infringing products, there is a
likelihood of confusion between Defendants and their products on the one hand, and YETI and
its products on the other hand.
32. YETI used its trade dress extensively and continuously before Defendants began
advertising, promoting, selling, offering to sell, or distributing their infringing products.
Moreover, YETIs trade dress became famous and acquired secondary meaning in the United
States and in the State of Texas generally and in geographic areas in Texas before Defendants
commenced unlawful use of YETIs trade dress.
33. As discussed above and as set forth in the counts below, Defendants actions are
unfair and unlawful.
20
Count I:
Trade Dress Dilution Under Tex. Bus. & Com. Code 16.103
34. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
33 as though fully set forth herein.
35. Based on the activities described above, including, for example, Defendants
advertising, promoting, offering for sale, selling, and distributing the infringing products,
Defendants are likely to dilute, have diluted, and continue to dilute YETIs trade dress in
violation of 16.103 of the Texas Business & Commerce Code. Defendants use of YETIs
trade dress and/or colorable imitations thereof is likely to cause, and has caused, dilution of
YETIs famous trade dress at least by eroding the publics exclusive identification of YETIs
famous trade dress with YETI, by lessening the capacity of YETIs famous trade dress to
identify and distinguish YETIs products, by associating YETIs trade dress with products of
inferior quality, and by impairing the distinctiveness of YETIs famous trade dress.
36. YETIs trade dress is famous and is entitled to protection under Texas law.
YETIs trade dress includes unique, distinctive, and non-functional designs. YETI has
extensively and continuously promoted and used its trade dress in the United States and in the
State of Texas. Through that extensive and continuous use, YETIs trade dress has become a
famous well-known indicator of the origin and quality of YETIs products in the United States
and in the State of Texas generally and in geographic areas in Texas, and YETIs trade dress is
widely recognized by the public throughout Texas and in geographic areas in Texas as a
designation of the source of YETI and YETIs products. YETIs trade dress has also acquired
substantial secondary meaning in the marketplace, including in the State of Texas and in
geographic areas in Texas. Moreover, YETIs trade dress became famous and acquired this
21
secondary meaning before Defendants commenced their unlawful use of YETIs trade dress in
connection with the infringing products.
37. Defendants use of YETIs trade dress and/or colorable imitations thereof has
caused, and, unless enjoined, will continue to cause, substantial and irreparable injury to YETI
for which YETI has no adequate remedy at law, including at least substantial and irreparable
injury to the goodwill and reputation for quality associated with YETIs trade dress, YETIs
products, and YETI.
38. On information and belief, Defendants use of YETIs trade dress and/or
colorable imitations thereof has been intentional, willful, and malicious. Defendants bad faith is
evidenced at least by the similarity of the infringing products to YETIs trade dress and by
Defendants continuing disregard for YETIs rights.
39. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
Defendants profits, YETIs actual damages, enhanced profits and damages, and reasonable
attorney fees under at least Tex. Bus. & Com. Code 16.104.
Count II:
Trade Dress Infringement Under 43(a) of the Lanham Act, 15 U.S.C. 1125(a)
41. Defendants advertisements, promotions, offers to sell, sales, and/or distribution
of the infringing products violate 43(a) of the Lanham Act, 15 U.S.C. 1125(a) by infringing
YETIs trade dress. Defendants use of YETIs trade dress and/or colorable imitations thereof is
likely to cause confusion, mistake, or deception as to the affiliation, connection, and/or
association of Defendants with YETI and as to the origin, sponsorship, and/or approval of the
22
infringing products, at least by creating the false and misleading impression that the infringing
products are manufactured by, authorized by, or otherwise associated with YETI.
42. YETIs trade dress is entitled to protection under the Lanham Act. YETIs trade
dress includes unique, distinctive, and non-functional designs. YETI has extensively and
continuously promoted and used its trade dress in the United States. Through that extensive and
continuous use, YETIs trade dress has become a well-known indicator of the origin and quality
of YETIs products. YETIs trade dress has also acquired substantial secondary meaning in the
marketplace. Moreover, YETIs trade dress acquired this secondary meaning before Defendants
commenced their unlawful use of YETIs trade dress in connection with the infringing products.
43. Defendants use of YETIs trade dress and/or colorable imitations has caused and,
unless enjoined, will continue to cause substantial and irreparable injury to YETI for which
YETI has no adequate remedy at law, including at least substantial and irreparable injury to the
goodwill and reputation for quality associated with YETIs trade dress, YETIs products, and
YETI.
45. YETI is entitled to injunctive relief, and YETI is entitled to recover at least
Defendants profits, YETIs actual damages, enhanced damages, costs, and reasonable attorney
fees under at least 15 U.S.C. 1125(a), 1116, and 1117.
23
Count III:
Trade Dress Dilution Under 43(c) of the Lanham Act, 15 U.S.C. 1125(c)
47. Based on the activities described above, including, for example, Defendants
advertising, promoting, offering for sale, selling, and distributing the infringing products,
Defendants are likely to dilute, have diluted, and continue to dilute YETIs famous trade dress in
violation of 43(c) of the Lanham Act, 15 U.S.C. 1125(c). Defendants use of YETIs trade
dress and/or colorable imitations thereof is likely to cause, and has caused, dilution of YETIs
famous trade dress at least by eroding the publics exclusive identification of YETIs famous
trade dress with YETI and YETIs products, by lessening the capacity of YETIs famous trade
dress to identify and distinguish YETIs products, by associating YETIs trade dress with
products of inferior quality, and by impairing the distinctiveness of YETIs famous trade dress.
48. YETIs trade dress is famous and is entitled to protection under the Lanham Act.
YETIs trade dress includes unique, distinctive, and non-functional designs. YETIs trade dress
has acquired distinctiveness through YETIs extensive and continuous promotion and use of
YETIs trade dress in the United States. Through that extensive and continuous use, YETIs
trade dress has become a famous well-known indicator of the origin and quality of YETIs
products throughout the United States, and is widely recognized by the general consuming public
as a designation of the source of YETI and YETIs products. YETIs trade dress has also
acquired substantial secondary meaning in the marketplace. Moreover, YETIs trade dress
became famous and acquired this secondary meaning before Defendants commenced their
unlawful use of YETIs trade dress in connection with the infringing products.
24
caused, and, unless enjoined, will continue to cause, substantial and irreparable injury to YETI
for which YETI has no adequate remedy at law, including at least substantial and irreparable
injury to the goodwill and reputation for quality associated with YETIs trade dress, YETIs
products, and YETI.
Defendants profits, YETIs actual damages, enhanced profits and damages, costs, and
reasonable attorney fees under at least 15 U.S.C. 1125(c), 1116, and 1117.
Count IV:
Unfair Competition and False Designation of Origin Under 43(a)
of the Lanham Act, 15 U.S.C. 1125(a)
of the infringing products, in direct competition with YETI, violate 43(a) of the Lanham Act,
15 U.S.C. 1125(a) and constitute unfair competition and false designation of origin, at least
because Defendants obtained an unfair advantage as compared to YETI through Defendants use
of YETIs trade dress and because such uses are likely to cause consumer confusion as to the
origin and/or sponsorship/affiliation of the infringing products, at least by creating the false and
25
misleading impression that the infringing products are manufactured by, authorized by, or
otherwise associated with YETI.
54. YETIs trade dress is entitled to protection under the Lanham Act. YETIs trade
continuously promoted and used its trade dress in the United States. Through that extensive and
continuous use, YETIs trade dress has become a well-known indicator of the origin and quality
of YETIs products. YETIs trade dress has also acquired substantial secondary meaning in the
marketplace. Moreover, YETIs trade dress acquired this secondary meaning before Defendants
commenced their unlawful use of YETIs trade dress in connection with the infringing products.
caused and, unless enjoined, will continue to cause substantial and irreparable injury to YETI for
which YETI has no adequate remedy at law, including at least substantial and irreparable injury
to the goodwill and reputation for quality associated with YETIs trade dress, YETIs products,
and YETI.
Defendants profits, YETIs actual damages, enhanced damages, costs, and reasonable attorney
fees under at least 15 U.S.C. 1125(a), 1116, and 1117.
26
Count V:
Patent Infringement of U.S. Patent D752,397 Under 35 U.S.C. 271
59. Defendants have infringed and continue to infringe the 397 patent at least by
using, selling, and offering to sell Defendants infringing beverage holders, and on information
and belief by making and/or importing into the United States Defendants infringing beverage
holders, which are covered by the claim of the 397 patent.
60. Defendants acts of infringement have been without express or implied license by
YETI, are in violation of YETIs rights, and will continue unless enjoined by this Court.
61. On information and belief, Defendants infringement of the 397 patent has been,
and continues to be, deliberate, intentional, and willful.
62. On information and belief, this is an exceptional case in view of Defendants
unlawful activities, including Defendants deliberate, intentional, and willful infringement.
63. YETI has been, is being, and will continue to be injured and has suffered, is
suffering, and will continue to suffer injury and damages for which it is entitled to relief under at
least 35 U.S.C. 281, 284, 285, and 289.
64. Defendants also have caused, are causing, and will continue to cause irreparable
harm to YETI for which there is no adequate remedy at law and for which YETI is entitled to
injunctive relief under at least 35 U.S.C. 283.
Count VI:
27
least 35 U.S.C. 281, 284, 285, and 289.
Count VII:
28
least 35 U.S.C. 281, 284, 285, and 289.
Count VIII:
29
least 35 U.S.C. 281, 284, 285, and 289.
Count IX:
30
least 35 U.S.C. 281, 284, 285, and 289.
Count X:
least 35 U.S.C. 281, 284, 285, and 289.
31
Count XI:
least 35 U.S.C. 281, 284, 285, and 289.
32
Count XII:
least 35 U.S.C. 281, 284, 285, and 289.
Count XIII:
Common Law Trade Dress Infringement
33
of the infringing products, in direct competition with YETI, constitute common law trade dress
infringement, at least because Defendants use of YETIs trade dress and/or colorable imitations
thereof is likely to cause consumer confusion as to the origin and/or sponsorship/affiliation of the
infringing products, at least by creating the false and misleading impression that the infringing
products are manufactured by, authorized by, or otherwise associated with YETI.
116. YETIs trade dress is entitled to protection under the common law. YETIs trade
continuously promoted and used its trade dress in the United States and the State of Texas.
Through that extensive and continuous use, YETIs trade dress has become a well-known
indicator of the origin and quality of YETIs products. YETIs trade dress has also acquired
substantial secondary meaning in the marketplace. Moreover, YETIs trade dress acquired this
secondary meaning before Defendants commenced their unlawful use of YETIs trade dress in
connection with the infringing products.
and YETI.
34
YETIs damages, Defendants profits, punitive damages, costs, and reasonable attorney fees.
Count XIV:
Common Law Unfair Competition
of the infringing products, in direct competition with YETI, constitute common law unfair
competition, at least by palming off/passing off of Defendants goods, by simulating YETIs
trade dress in an intentional and calculated manner that is likely to cause consumer confusion as
to origin and/or sponsorship/affiliation of the infringing products, at least by creating the false
and misleading impression that the infringing products are manufactured by, authorized by, or
otherwise associated with YETI. Defendants have also interfered with YETIs business.
continuously promoted and used YETIs trade dress for years in the United States and the State
of Texas. Through that extensive and continuous use, YETIs trade dress has become a well-
known indicator of the origin and quality of YETIs products. YETIs trade dress has also
acquired this secondary meaning before Defendants commenced their unlawful use of YETIs
trade dress in connection with the infringing products.
35
and YETI.
Count XV:
Common Law Misappropriation
of the infringing products, in direct competition with YETI, constitute common law
misappropriation.
128. YETI created the products covered by YETIs trade dress through extensive time,
labor, effort, skill, and money. Defendants have wrongfully used YETIs trade dress, and/or
colorable imitations thereof in competition with YETI and gained a special advantage because
Defendants were not burdened with the expenses incurred by YETI. Defendants have
commercially damaged YETI, at least by causing consumer confusion as to origin and/or
sponsorship/affiliation of the infringing products, by creating the false and misleading
impression that the infringing products are manufactured by, authorized by, or otherwise
associated with YETI, and by taking away sales that YETI would have made.
36
trade dress in connection with the infringing products.
130. Defendants use of YETIs trade dress and/or colorable imitations has caused and,
unless enjoined, will continue to cause substantial and irreparable commercial injury to YETI for
to the goodwill and reputation for quality associated with YETIs trade dress with YETI and
YETIs products. Moreover, as a result of their misappropriation, Defendants have profited and,
unless such conduct is enjoined by this Court, will continue to profit by misappropriating the
time, effort, and money that YETI invested in establishing the reputation and goodwill associated
with YETIs trade dress, YETIs products, and YETI.
131. Defendants misappropriation of YETIs trade dress and/or colorable imitations
thereof has been intentional, willful, and malicious. Defendants bad faith is evidenced at least
by the similarity of the infringing products to YETIs trade dress and by Defendants continuing
disregard for YETIs rights.
37
Count XVI:
Unjust Enrichment
of the infringing products, in direct competition with YETI, constitute unjust enrichment, at least
because Defendants have wrongfully obtained benefits at YETIs expense. Defendants have
also, inter alia, operated with an undue advantage.
135. YETI created the products covered by YETIs trade dress through extensive time,
labor, effort, skill, and money. Defendants have wrongfully used and is wrongfully using
YETIs trade dress, and/or colorable imitations thereof, in competition with YETI, and has
gained and is gaining a wrongful benefit by undue advantage through such use. Me Defendants
have not been burdened with the expenses incurred by YETI, yet Defendants are obtaining the
resulting benefits for their own business and products.
trade dress and/or colorable imitations thereof in connection with the infringing products.
137. Defendants use of YETIs trade dress and/or colorable imitations thereof, has
caused and, unless enjoined, will continue to cause substantial and irreparable commercial injury
38
to YETI for which YETI has no adequate remedy at law, including at least substantial and
irreparable injury to the goodwill and reputation for quality associated with YETIs trade dress
with YETI and YETIs products. YETI accumulated this goodwill and reputation through
extensive time, labor, effort, skill, and investment. Defendants have wrongfully obtained and are
wrongfully obtaining a benefit at YETIs expense by taking undue advantage and free-riding on
YETIs efforts and investments, and enjoying the benefits of YETIs hard-earned goodwill and
reputation.
138. Defendants unjust enrichment at YETIs expense has been intentional, willful,
and malicious. Defendants bad faith is evidenced at least by the similarity of the infringing
products to YETIs trade dress and by Defendants continuing disregard for YETIs rights.
Defendants profits.
Demand for Jury Trial
YETI hereby demands a jury trial on all issues so triable.
Relief Sought
WHEREFORE, Plaintiff respectfully prays for:
1. Judgment that Defendants have (i) diluted YETIs trade dress in violation of Tex.
Bus. & Com. Code 16.103; (ii) infringed YETIs trade dress in violation of 1125(a) of Title
15 in the United States Code; (iii) diluted YETIs trade dress in violation of 1125(c) of Title 15
in the United States Code; (iv) engaged in unfair competition and false designation of origin in
violation of 1125(a) of Title 15 in the United States Code; (v) infringed the 397 patent in
violation of 271 of Title 35 in the United States Code; (vi) infringed the 285 patent in
violation of 271 of Title 35 in the United States Code; (vii) infringed the 891 patent in
39
violation of 271 of Title 35 in the United States Code; (viii) infringed the 892 patent in
violation of 271 of Title 35 in the United States Code; (ix) infringed the 530 patent in
violation of 271 of Title 35 in the United States Code; (x) infringed the 531 patent in violation
of 271 of Title 35 in the United States Code; (xi) infringed the 532 patent in violation of 271
of Title 35 in the United States Code; (xii) infringed the 533 patent in violation of 271 of Title
35 in the United States Code; (xiii) violated YETIs common law rights in YETIs trade dress;
(xiv) engaged in common law unfair competition; (xv) engaged in common law
misappropriation; and (xvi) been unjustly enriched at YETIs expense, and that these wrongful
activities by Defendants were willful;
2. An injunction against further infringement and dilution of YETIs trade dress,
further infringement of YETIs design patents, further acts of unfair competition,
misappropriation, and unjust enrichment by Defendants, and each of their agents, employees,
servants, attorneys, successors and assigns, and all others in privity or acting in concert with any
of them, including at least from selling, offering to sell, distributing, importing, or advertising the
infringing products, or any other products that use a copy, reproduction, or colorable imitation of
YETIs trade dress or YETIs design patents, pursuant to at least 15 U.S.C. 1116, Tex. Bus. &
Com. Code 16.104, and 35 U.S.C. 283;
3. An Order directing Defendants to recall all infringing products sold and/or
distributed and provide a full refund for all recalled infringing products;
4. An Order directing the destruction of (i) all infringing products, including all
recalled infringing products, (ii) any other products that use a copy, reproduction, or colorable
imitation of YETIs trade dress in Defendants possession or control, (iii) all plates, molds, and
other means of making the infringing products in Defendants possession, custody, or control,
40
and (iv) all advertising materials related to the infringing products in Defendants possession,
custody, or control, including on the Internet, pursuant to at least 15 U.S.C. 1118;
5. An Order directing Defendants to publish a public notice providing proper
attribution of YETIs trade dress to YETI, and to provide a copy of this notice to all customers,
distributors, and/or others from whom the infringing products are recalled;
6. An Order barring importation of the infringing products and/or colorable
imitations thereof into the United States, and barring entry of the infringing products and/or
colorable imitations thereof into any customhouse of the United States, pursuant to at least 15
U.S.C. 1125(b);7. An award of damages adequate to compensate YETI for the patent
infringements that have occurred pursuant to 35 U.S.C. 284, and/or an award of Defendants
profits from their patent infringements pursuant to 35 U.S.C. 289, together with prejudgment
interest and costs and reasonable attorney fees, pursuant to 35 U.S.C. 284 and 285;
8. An award of Defendants profits, YETIs actual damages, enhanced damages,
exemplary damages, costs, prejudgment and post judgment interest, and reasonable attorney fees
pursuant to at least 15 U.S.C. 1125(a), 1125(c), 1116, and 1117 and Tex. Bus. & Com. Code
16.104; and
9. Such other and further relief as this Court deems just and proper.
Dated: May 5, 2017 Respectfully submitted,
By: /s/ Joseph J. Berghammer

Joseph J. Berghammer (admitted in the Western
District of Texas)
Illinois Bar No. 6273690
jberghammer@bannerwitcoff.com
Michael L. Krashin (pro hac vice forthcoming)
mkrashin@bannerwitcoff.com
41
John A. Webb, Jr. (pro hac vice forthcoming)

jwebb@bannerwitcoff.com
Banner & Witcoff, Ltd.
Ten South Wacker Drive
Suite 3000
Chicago, IL 60606-7407
Telephone: (312) 463-5000
Facsimile: (312) 463-5001
ATTORNEYS FOR YETI COOLERS, LLC
42
Case 1:17-cv-00421 Document 1-1 Filed 05/05/17 Page 1 of 2
JS 44 (Rev. 0/16) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

YETI COOLERS, LLC WADLEY HOLDINGS, LLC d/b/a MEADOWCRAFT and SOUTHERN
SALES & MARKETING GROUP, INC. d/b/a nICE
(b) County of Residence of First Listed Plaintiff Travis County of Residence of First Listed Defendant Randolph
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Joseph J. Berghammer, Michael L. Krashin, John A. Webb, Jr.
10 S. Wacker Drive, Suite 3000, Chicago, IL 60606 (312) 463-5000
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 840 Trademark u 460 Deportation
Student Loans u 340 Marine Injury Product u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY u 710 Fair Labor Standards u 861 HIA (1395ff) u 480 Consumer Credit
of Veterans Benefits u 350 Motor Vehicle u 370 Other Fraud Act u 862 Black Lung (923) u 490 Cable/Sat TV
u 160 Stockholders Suits u 355 Motor Vehicle u 371 Truth in Lending u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal Relations u 864 SSID Title XVI Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 751 Family and Medical u 891 Agricultural Acts
u 362 Personal Injury - Product Liability Leave Act u 893 Environmental Matters
Medical Malpractice u 790 Other Labor Litigation u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 791 Employee Retirement FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: Income Security Act u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRSThird Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. 1125 and 35 U.S.C. 271
VI. CAUSE OF ACTION Brief description of cause:
Trade Dress Infringement and Patent Infringement
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
05/05/2017 /s/ Joseph J. Berghammer
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 0/16) Case 1:17-cv-00421 Document 1-1 Filed 05/05/17 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
EXHIBIT 1
US00D752397S
(12) United States Design Patent do Patent No.: US D752,397 S

Seiders et al. (45) Date of Patent: ::: Mar. 29, 2016
(54) BEVERAGE HOLDER OTHER PUBLICATIONS

(71) Applicant: YETI Coolers, LLC, Austin, TX (US) Hooler the handheld cooler, published on Apr. 12, 2014, retrieved
from https://web.archive.org/web/20140412062054/http://www.
(72) Inventors: Roy Joseph Seiders, Austin, TX (US); hoolercooler.com/ on Aug. 4, 2015.
John Alan Tolman, Austin, TX (US)
* cited by examiner
(73) Assignee: YETI Coolers, LLC, Austin, TX (US)
Primary Examiner Terry Wallace
(**) Term: 14 Years 74) Attorney,
ey, Agent,
Ag or Firm Banner & Witcoff, Ltd.
(21) Appl. No. 29/500,908
(22) Filed: Aug. 29, 2014 (57) CLAIM
(51) LOC (10) Cl. ................................................ 0706 The ornamental design for a beverage holder, as shown and
(52) U.S. CI. described.
USPC .......................................... D7/624.2; D7/608
(58) Field of Classification Search
USPC ....................................... D7/70 708; D9/455
CPC ........... B65D 81/3881; B65D 81/3886; A47G DESCRIPTION
23/0241; A47G 23/0266; A47G 19/2288 - - - -
See application file for complete search history. FIG. 1 is a top, front, right perspective view of a beverage
holder showing our new design;
(56) References Cited FIG. 2 is a front view thereof;
FIG. 3 is a right side view thereof;
|U.S. PATENT DOCUMENTS FIG. 4 is a rear view thereof;
D455,052 S
5
4/2002 Gullick tal
ll III.C.KSOIn e .
FIG. 5 is a left side view thereof.
- - -
D455,612 S
6,626,326 B2
4/2002 Gullickson et al.
9/2003 Murakami
FIG. 6 is a top view thereof, and
FIG. 7 is a bottom view thereof.
8,251,247 B1 * 8/2012 Breckner ........... A47G 23/0241
220/592.16 1 Claim, 4 Drawing Sheets
U.S. Patent Mar. 29, 2016 Sheet 1 of 4 US D752,397 S

;
f
g
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
EXHIBIT 9
Document title: MeadowCraft 30oz Stainless Tumbler meadowcraft2016
Capture URL: https://meadowcraft.com/collections/tumblers-and-coolers/

products/meadowcraft-30oz-stainless-tumbler
Captured site IP: 23.227.38.32
Page loaded at (UTC): Fri, 21 Apr 2017 17:16:48 GMT
Capture timestamp (UTC): Fri, 21 Apr 2017 17:17:59 GMT
Capture tool: v5.1.3
Page Vault server IP: 54.174.78.137
Browser engine: Chrome/55.0.2883.87
Operating system: Microsoft Windows NT 6.2.9200.0 (6.2.9200.0)
PDF length: 3
Portal URL: https://portal.page-vault.com/#/snapshot/594391
User: Banner-user1
jHZ6NH2D8A78r6diaUmzf6

Capture URL: https://meadowcraft.com/collections/tumblers-and-coolers/products/meadowcraft-30oz-stainless-tumbler
Capture timestamp (UTC): Fri, 21 Apr 2017 17:17:59 GMT Page 1 of 2

Capture URL: https://meadowcraft.com/collections/tumblers-and-coolers/

products/meadowcraft-20oz-stainless-tumbler
Page loaded at (UTC): Fri, 21 Apr 2017 17:06:59 GMT
Capture timestamp (UTC): Fri, 21 Apr 2017 17:12:54 GMT
PDF length: 3
User: Banner-user1
jFznAuRf4Avwt4KHNmQtnJ


Document title: Drinkware nICE Coolers
Capture URL: http://www.nicetumblers.com/product-category/drinkware/
Page loaded at (UTC): Fri, 05 May 2017 16:46:00 GMT
Capture timestamp (UTC): Fri, 05 May 2017 16:47:26 GMT
PDF length: 3
User: Banner-user1
2CdTSy488BA7Cb9DmitV7V

Capture timestamp (UTC): Fri, 05 May 2017 16:47:26 GMT Page 1 of 2

Document title: 30oz nICE Tumbler nICE Coolers
Capture URL: http://www.nicetumblers.com/product/30oz-nice-tumbler/
PDF length: 4
User: Banner-user1
8YcVN52uh4RV4SkDquQRsU



PDF length: 4
User: Banner-user1
2VzzF4ufabhRcfGXDJAr9e



Document title: 12oz nICE Can Holder nICE Coolers
Capture URL: http://www.nicetumblers.com/product/12oz-can-holder/
PDF length: 4
User: Banner-user1
ngJhkbhmkwEeRh7BacvA5b




Yeti Coolers v. Wadley Holdings - Complaint

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Yeti Coolers v. Wadley Holdings - Complaint

Uploaded by

Copyright:

Available Formats

Case 1:17-cv-00421 Document 1 Filed 05/05/17 Page 1 of 42

UNITED STATES DISTRICT COURT

YETI Coolers, LLC, Case No. 1:17-cv-00421

Plaintiff, COMPLAINT FOR DAMAGES AND

Jury Trial Demanded

(nICE) (collectively, Defendants), alleges as follows:

2. On information and belief, Wadley Holdings, LLC d/b/a Meadowcraft is a

web site https://meadowcraft.com/, and through retailers such as Amazon.

and through retailers such as Amazon and Target.

4. On information and belief, Wadley Holdings, LLC d/b/a Meadowcraft is a fully

Jurisdiction and Venue

through Defendants websites (e.g., https://meadowcraft.com/, http://www.nicetumblers.com,

http://www.nicecoolers.com, and http://www.facebook.com/nicecoolers) and through retailers

General Allegations YETIs Intellectual Property

9. For several years, YETI has continuously engaged in the development,

insulated drinkware designs.

invested significant resources in the design, development, manufacture, advertising, and

associate with YETI.

12. An exemplary image of a YETI 30 oz. Rambler Tumbler is shown below.

Illustration 1: Exemplary Image of a YETI 30 oz. Rambler Tumbler.

14. An exemplary image of a YETI 20 oz. Rambler Tumbler is shown below:

Illustration 2: Exemplary Image of a YETI 20 oz. RamblerTM Tumbler.

other and to other features.

16. An exemplary image of a YETI Rambler Colster beverage holder is shown

Illustration 3: Exemplary Image of a YETI Rambler Colster Beverage Holder.

and to other features.

patent) (collectively, YETIs design patents), all related to a beverage holder.

exemplary figure from the 397 patent is shown in Illustration 4 below.

Illustration 4: Exemplary Figure from the 397 Patent.

exemplary figure from the 285 patent is shown in Illustration 5 below.

Illustration 5: Exemplary Figure from the 285 Patent.

exemplary figure from the 891 patent is shown in Illustration 6 below.

Illustration 6: Exemplary Figure from the 891 Patent.

exemplary figure from the 892 patent is shown in Illustration 7 below.

Illustration 7: Exemplary Figure from the 892 Patent.

figure from the 530 patent is shown in Illustration 8 below.

Illustration 8: Exemplary Figure from the 530 Patent.

figure from the 531 patent is shown in Illustration 9 below.

Illustration 9: Exemplary Figure from the 531 Patent.

figure from the 532 patent is shown in Illustration 10 below.

Illustration 10: Exemplary Figure from the 532 Patent.

figure from the 533 patent is shown in Illustration 11 below.

Illustration 11: Exemplary Figure from the 533 Patent.

General Allegations Defendants Unlawful Activities

actions have all been without the authorization of YETI.

https://meadowcraft.com/ and https://nicetumblers.com/, showing exemplary images of

Defendants infringing products, are attached as Exhibit 9.

Illustration 12: Exemplary Image of Meadowcrafts

Illustration 13: Exemplary Image of Meadowcrafts

Illustration 14: Exemplary Image of Meadowcrafts

Illustration 15: Exemplary Image of nICEs Infringing 30 oz. Tumbler Products.

Illustration 16: Exemplary Image of nICEs Infringing 20 oz. Tumbler Products.

Illustration 17: Exemplary Image of nICEs

31. As a result of Defendants activities related to the infringing products, there is a

its products on the other hand.

advertising, promoting, selling, offering to sell, or distributing their infringing products.

commenced unlawful use of YETIs trade dress.

unfair and unlawful.

33 as though fully set forth herein.

connection with the infringing products.

products, and YETI.

Defendants continuing disregard for YETIs rights.

39 as though fully set forth herein.

41. Defendants advertisements, promotions, offers to sell, sales, and/or distribution