Beruflich Dokumente
Kultur Dokumente
COMPLAINT
Plaintiff, YETI Coolers, LLC (“YETI”), for its complaint against Chilly Moose Ltd. and
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 7601 Southwest Parkway, Austin, TX 78735.
principal place of business at 4 Greco Ridge Lane, Box 82, Schomberg, ON L0G 1T0, Canada.
company with a principal place of business at 507 Main Street, Schomberg, ON L0G 1T0,
Canada.
4. This is a complaint for damages and injunctive relief based on Chilly Moose’s
coolers and drinkware, and includes multiple grounds for relief including patent infringement,
trade dress and trademark infringement, trade dress and trademark dilution, unfair competition
and false designation of origin, misappropriation, and unjust enrichment. This complaint 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
5. 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).
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6. This Court has personal jurisdiction over Chilly Moose because, inter alia, Chilly
Moose is purposefully and intentionally availing itself of the privileges of doing business in the
State of Texas, including in this District. Among other things, (i) Chilly Moose has advertised,
marketed, promoted, offered for sale, sold, distributed, manufactured, and/or imported, and
continues to advertise, market, promote, offer for sale, sell, distribute, manufacture, and/or
import, infringing products to customers and/or potential customers, including in this District, at
https://twitter.com/ChillyMoose2018, (ii) Chilly Moose’s 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, Chilly Moose acted with knowledge that its unauthorized
use of YETI’s rights would cause harm to YETI in the State of Texas and in this District, and
(iv) Chilly Moose’s customers and/or potential customers reside in the State of Texas, including
in this District. Alternatively, on information and belief, this Court may exercise personal
jurisdiction over Chilly Moose under Federal Rule of Civil Procedure 4(k)(2).
8. For years, YETI has engaged in the design, development, manufacture, sale,
marketing, advertising, and distribution of, among other things, portable coolers, beverageware,
and apparel. YETI 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.
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D780,532 (“the ‘532 patent”), U.S. Design Patent No. D780,533 (“the ‘533 patent”), U.S. Design
Patent No. D786,025 (“the ‘025 patent”), U.S. Design Patent No. D826,003 (“the ‘003 patent”),
and U.S. Design Patent No. D829,058 (“the ‘058 patent”), all related to a beverage holder.
9. 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
10. The ‘285 patent is entitled “Beverage Holder.” On February 21, 2017, the ‘285
patent was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire
right, title, and interest to the ‘285 patent. A copy of the ‘285 patent is attached as Exhibit 2. An
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11. The ‘891 patent is entitled “Beverage Holder.” On February 28, 2017, the ‘891
patent was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire
right, title, and interest to the ‘891 patent. A copy of the ‘891 patent is attached as Exhibit 3. An
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12. The ‘892 patent is entitled “Beverage Holder.” On February 28, 2017, the ‘892
patent was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire
right, title, and interest to the ‘892 patent. A copy of the ‘892 patent is attached as Exhibit 4. An
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13. 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
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14. The ‘531 patent is entitled “Beverage Holder.” On March 7, 2017, the ‘531 patent
was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire right, title,
and interest to the ‘531 patent. A copy of the ‘531 patent is attached as Exhibit 6. An exemplary
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15. The ‘532 patent is entitled “Beverage Holder.” On March 7, 2017, the ‘532 patent
was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire right, title,
and interest to the ‘532 patent. A copy of the ‘532 patent is attached as Exhibit 7. An exemplary
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16. The ‘533 patent is entitled “Beverage Holder.” On March 7, 2017, the ‘533 patent
was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire right, title,
and interest to the ‘533 patent. A copy of the ‘533 patent is attached as Exhibit 8. An exemplary
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17. The ‘025 patent is entitled “Beverage Holder.” On May 9, 2017, the ‘025 patent
was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire right, title,
and interest to the ‘025 patent. A copy of the ‘025 patent is attached as Exhibit 9. An exemplary
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18. The ‘003 patent is entitled “Beverage Holder.” On August 21, 2018, the ‘003
patent was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire
right, title, and interest to the ‘003 patent. A copy of the ‘003 patent is attached as Exhibit 10.
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19. The ‘058 patent is entitled “Beverage Holder.” On September 25, 2018, the ‘058
patent was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire
right, title, and interest to the ‘058 patent. A copy of the ‘058 patent is attached as Exhibit 11.
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20. For years, YETI has also continuously engaged in the design, development,
manufacture, promotion, and sale of its insulated drinkware, including its 30 oz. Rambler®
Tumbler, 20 oz. Rambler® Tumbler, Rambler® Colster® Beverage Holder, 10 oz. Rambler®
Wine Tumbler, and 14 oz. Rambler® Mug (collectively, “Rambler® Drinkware”). YETI created
unique, distinctive, and non-functional designs to use with YETI’s Rambler® Drinkware. YETI
has extensively and continuously promoted and used these designs in the United States and in
Texas. Through that extensive and continuous promotion and use, YETI’s designs have become
well-known indicators of the origin and quality of YETI’s Rambler® Drinkware products.
YETI’s 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
21. YETI has enjoyed significant sales of the Rambler® Drinkware throughout the
United States, including sales to customers in the State of Texas. YETI has invested significant
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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
22. The designs of the Rambler® Drinkware are distinctive and non-functional and
identify to consumers that the origin of the Rambler® Drinkware is YETI. As a result of at least
YETI’s continuous and exclusive use of the Rambler® Drinkware, YETI’s marketing,
advertising, and sales of the Rambler® Drinkware, and the highly valuable goodwill, substantial
secondary meaning, and fame 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.
23. Exemplary images of a YETI 30 oz. Rambler® Tumbler are shown below:
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24. YETI has trade dress rights in the overall look, design, and appearance of the
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
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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.
25. Exemplary images of a YETI 20 oz. Rambler® Tumbler are shown below:
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26. YETI has trade dress rights in the overall look, design, and appearance of the
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
tumbler lid of the YETI 20 oz. Rambler® Tumbler; and the relationship of these features to each
27. Exemplary images of a YETI Rambler® Colster® Beverage Holder are shown
below:
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28. YETI has trade dress rights in the overall look, design, and appearance of the
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® 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.
29. Exemplary images of a YETI 10 oz. Rambler® Wine Tumbler are shown below:
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30. YETI has trade dress rights in the overall look, design, and appearance of the
YETI 10 oz. Rambler® Wine Tumbler, which includes the design and appearance of the curves
and tapers in the YETI 10 oz. Rambler® Wine Tumbler; the design and appearance of the profile
of the YETI 10 oz. Rambler® Wine Tumbler; the design and appearance of the walls of the
YETI 10 oz. Rambler® Wine Tumbler; the design and appearance of the rim of the YETI 10 oz.
Rambler® Wine Tumbler; the design, appearance, and placement of the taper in the side wall of
the YETI 10 oz. Rambler® Wine Tumbler; the color contrast and color combinations of the
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YETI 10 oz. Rambler® Wine Tumbler; and the relationship of these features to each other and to
other features.
31. Exemplary images of a YETI 14 oz. Rambler® Mug are shown below:
32. YETI has trade dress rights in the overall look, design, and appearance of the
YETI 14 oz. Rambler® Mug, which includes the design and appearance of the curves in the
YETI 14 oz. Rambler® Mug; the design and appearance of the profile of the YETI 14 oz.
Rambler® Mug; the design and appearance of the walls of the YETI 14 oz. Rambler® Mug; the
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design and appearance of the rim of the YETI 14 oz. Rambler® Mug; the design, appearance,
and placement of the handle of the YETI 14 oz. Rambler® Mug; the design, appearance, and
placement of the tab on the lid of the YETI 14 oz. Rambler® Mug; the design, appearance, and
placement of the drinking opening on the lid of the YETI 14 oz. Rambler® Mug; the design,
appearance, and placement of the top plane of the lid of the YETI 14 oz. Rambler® Mug; the
design, appearance, and placement of the side walls of the lid of the YETI 14 oz. Rambler®
Mug; the color contrast and color combinations of the YETI 14 oz. Rambler® Mug and the
tumbler lid of the YETI 14 oz. Rambler® Mug; and the relationship of these features to each
33. For years, YETI has also continuously engaged in the design, development,
manufacture, promotion, and sale of its Roadie® and Tundra® coolers, including, for example,
the Roadie® 20 cooler, the Tundra® 45 cooler, and the Tundra® 65 cooler (collectively,
“Roadie® and Tundra® Coolers”). YETI created unique, distinctive, and non-functional designs
to use with YETI’s Roadie® and Tundra® Coolers. YETI has extensively and continuously
promoted and used these designs in the United States and Texas. Through that extensive and
continuous promotion and use, YETI’s designs have become a well-known indicator of the
origin and quality of YETI’s Roadie® and Tundra® Cooler products. YETI’s 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 Roadie® and
34. YETI has enjoyed significant sales of its Roadie® and Tundra® Coolers
throughout the United States, including sales to customers in the State of Texas. YETI has
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marketing of its Roadie® and Tundra® Coolers. The designs and features of YETI’s Roadie®
and Tundra® Coolers have received widespread and unsolicited public attention. For example,
the Roadie® and Tundra® Coolers have been featured in numerous newspaper, magazine, and
Internet articles.
35. The designs of the Roadie® and Tundra® Coolers have distinctive and non-
functional features that identify to consumers that the origin of the coolers is YETI. As a result
of at least YETI’s continuous and exclusive use of the designs of the Roadie® and Tundra®
Coolers, YETI’s marketing, advertising, and sales of the Roadie® and Tundra® Coolers, and the
highly valuable goodwill, substantial secondary meaning, and fame acquired as a result, YETI
owns trade dress rights in the designs and appearances of the Roadie® and Tundra® Coolers,
36. Exemplary images of YETI’s Roadie® and Tundra® Coolers are shown below:
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37. YETI has trade dress rights in the overall look, design, and appearance of its
Roadie® and Tundra® Coolers, which include the design and appearance of the style line on the
front of the coolers; the design and appearance of the style line on the back of the coolers; the
design and appearance of the front corners (with indentations) of the coolers; the design and
appearance of the style line above the front style line; the design and appearance of the ledge
around the perimeter of the cooler bodies; the design and appearance of the style line on each
side of the coolers; the color contrast and color combinations of the coolers; and the relationship
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38. As a result of YETI’s exclusive, continuous, and substantial use, advertising, and
sales of its Roadie® and Tundra® Coolers and Rambler® Drinkware products bearing YETI’s
trade dress, and the publicity and attention that has been paid to YETI’s trade dress, YETI’s trade
dress has become famous and has acquired valuable goodwill and substantial secondary meaning
in the marketplace, as consumers have come to uniquely associate YETI’s trade dress as a source
identifier of YETI.
39. YETI has also used the trademarks “YETI,” “RAMBLER,” and “YETI
RAMBLER” throughout the United States and the State of Texas in connection with its goods
and services, including at least its portable coolers, beverageware, and apparel.
40. In view of YETI’s extensive and continuous use of “YETI,” “RAMBLER,” and
“YETI RAMBLER,” consumers have come to associate “YETI,” “RAMBLER,” and “YETI
RAMBLER” as source identifiers of YETI, and YETI owns trademark rights in these marks.
iii. Trademark Registration No. 4,948,371 (“the ‘371 Registration”) for “YETI”
for clothing, namely, t-shirts, jerseys, shorts, hats, caps, sweatshirts, socks,
jackets;
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containers for household or domestic use, namely, vacuum container for hot
or cold food and drink, beer growlers, insulated food and drink containers,
stainless steel tumblers for use as drinking vessels, stainless steel drinking
portable coolers;
vii. Trademark Registration No. 5,341,587 (“the ‘587 Registration”) for “YETI”
for metal strapping or tie downs; metal locks for coolers; metal latches; parts
viii. Trademark Registration No. 5,392,333 (“the ‘333 Registration”) for “YETI”
ix. Trademark Registration No. 5,438,798 (“the ‘798 Registration”) for “YETI”
for seat cushions; non-metal locks for coolers; non-metal latches; parts for
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containers for household or domestic use, namely, vacuum container for hot
or cold food and drink; beer growlers; insulated food and drink containers;
insulating sleeve holder for beverage cups; thermal insulated drink holder;
portable stainless steel drink holders for holding individual cups, cans, and
bottles; stainless steel tumblers for use as drinking vessels; stainless steel
Copies of these trademark registrations are attached as Exhibits 12-22. Additionally, the ‘869,
‘370, and ‘371 Registrations are incontestable pursuant to Section 15 of the Lanham Act, 15
U.S.C. § 1065, and thus serve as conclusive evidence of their validity and of YETI’s exclusive
rights to use these marks in commerce pursuant to 15 U.S.C. § 1115(b). YETI also has common
law rights in the “YETI,” “RAMBLER,” and “YETI RAMBLER” trademarks based on YETI’s
use of “YETI,” “RAMBLER,” and “YETI RAMBLER” in commerce in connection with YETI’s
goods and services, including, inter alia, portable coolers, beverageware, and apparel. YETI’s
rights in the “YETI,” “RAMBLER,” and “YETI RAMBLER” trademarks, including the ‘869
Registration, the ‘370 Registration, the ‘371 Registration, the ‘897 Registration, the ‘441
Registration, the ‘469 Registration, the ‘587 Registration, the ‘333 Registration, the ‘798
Registration, the ‘905 Registration, and the ‘737 Registration, and its common law rights, are
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41. As a result of, inter alia, YETI’s exclusive, continuous and substantial use of
YETI’s Trademarks, YETI’s exclusive, continuous, and substantial advertising and promoting of
products bearing YETI’s Trademarks, and the publicity and attention that has been paid to
YETI’s Trademarks, these trademarks have become famous in the United States and have
acquired valuable goodwill and substantial secondary meaning in the marketplace, as consumers
42. Chilly Moose has purposefully advertised, marketed, promoted, offered for sale,
sold, distributed, manufactured, and/or imported, and continues to advertise, market, promote,
offer for sale, sell, distribute, manufacture, and/or import, products that violate YETI’s rights,
including YETI’s design patent rights and YETI’s trade dress rights. Chilly Moose’s infringing
43. Chilly Moose has also unlawfully used and continues to unlawfully use YETI’s
Trademarks and/or colorable imitations thereof, in inter alia, advertising, promoting, offering to
sell, selling, and distributing Chilly Moose’s infringing products, and is thereby infringing and
diluting YETI’s Trademarks and intentionally trading on YETI’s goodwill. Chilly Moose’s
44. Chilly Moose’s infringing drinkware products include at least its 30 oz. tumblers,
20 oz. tumblers, beverage holders, wine tumblers, and mugs. Exemplary images of Chilly
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45. Chilly Moose’s infringing hard cooler products include at least its 20qt cooler.
Exemplary images of Chilly Moose’s infringing hard cooler products are shown below:
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Illustration 24: Exemplary Image of Chilly Moose’s Infringing Hard Cooler Products
from https://www.chillymoose.ca/collections/coolers.
Illustration 25: Exemplary Image of Chilly Moose’s Infringing Hard Cooler Products
from https://www.facebook.com/chillymoose.ca/.
46. YETI used its trade dress extensively and continuously before Chilly Moose
importing its infringing products. Moreover, YETI’s trade dress became famous and acquired
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secondary meaning in the United States and in the State of Texas generally and in geographic
areas in Texas before Chilly Moose commenced its unlawful use of YETI’s trade dress.
47. Chilly Moose has also infringed YETI’s Trademarks. Screenshots showing
examples of Chilly Moose’s infringing uses of YETI’s Trademarks, and/or colorable imitations
Illustration 26: Examples of Chilly Moose’s Infringing Uses of YETI’s Trademarks from
Chilly Moose’s Website (portions outlined in red enlarged)
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Chilly Moose and its products on the one hand, and YETI and its products on the other hand.
49. YETI used YETI’s Trademarks extensively and continuously before Chilly
Moose began advertising, promoting, selling, offering to sell, or distributing its infringing
products. Moreover, YETI’s Trademarks became famous and acquired secondary meaning in
the United States and in the State of Texas generally and in geographic areas in Texas before
Count I:
Patent Infringement of U.S. Patent D752,397 Under 35 U.S.C. § 271
50. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
51. Chilly Moose has infringed and continues to infringe the ‘397 patent at least by
using, selling, offering to sell, making, and/or importing into the United States Chilly Moose’s
infringing beverage holders, which are covered by the claim of the ‘397 patent.
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52. Chilly Moose’s acts of infringement have been without express or implied license
by YETI, are in violation of YETI’s rights, and will continue unless enjoined by this Court.
53. On information and belief, Chilly Moose’s infringement of the ‘397 patent has
54. On information and belief, this is an exceptional case in view of Chilly Moose’s
unlawful activities, including Chilly Moose’s deliberate, intentional, and willful infringement.
55. 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
56. Chilly Moose also has caused, is 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
Count II:
Patent Infringement of U.S. Patent D779,285 Under 35 U.S.C. § 271
57. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
58. Chilly Moose has infringed and continues to infringe the ‘285 patent at least by
using, selling, offering to sell, making, and/or importing into the United States Chilly Moose’s
infringing beverage holders, which are covered by the claim of the ‘285 patent.
59. Chilly Moose’s acts of infringement have been without express or implied license
by YETI, are in violation of YETI’s rights, and will continue unless enjoined by this Court.
60. On information and belief, Chilly Moose’s infringement of the ‘285 patent has
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61. On information and belief, this is an exceptional case in view of Chilly Moose’s
unlawful activities, including Chilly Moose’s deliberate, intentional, and willful infringement.
62. 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
63. Chilly Moose also has caused, is 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
Count III:
Patent Infringement of U.S. Patent D779,891 Under 35 U.S.C. § 271
64. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
65. Chilly Moose has infringed and continues to infringe the ‘891 patent at least by
using, selling, offering to sell, making, and/or importing into the United States Chilly Moose’s
infringing beverage holders, which are covered by the claim of the ‘891 patent.
66. Chilly Moose’s acts of infringement have been without express or implied license
by YETI, are in violation of YETI’s rights, and will continue unless enjoined by this Court.
67. On information and belief, Chilly Moose’s infringement of the ‘891 patent has
68. On information and belief, this is an exceptional case in view of Chilly Moose’s
unlawful activities, including Chilly Moose’s deliberate, intentional, and willful infringement.
69. 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
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70. Chilly Moose also has caused, is 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
Count IV:
Patent Infringement of U.S. Patent D779,892 Under 35 U.S.C. § 271
71. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
72. Chilly Moose has infringed and continues to infringe the ‘892 patent at least by
using, selling, offering to sell, making, and/or importing into the United States Chilly Moose’s
infringing beverage holders, which are covered by the claim of the ‘892 patent.
73. Chilly Moose’s acts of infringement have been without express or implied license
by YETI, are in violation of YETI’s rights, and will continue unless enjoined by this Court.
74. On information and belief, Chilly Moose’s infringement of the ‘892 patent has
75. On information and belief, this is an exceptional case in view of Chilly Moose’s
unlawful activities, including Chilly Moose’s deliberate, intentional, and willful infringement.
76. 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
77. Chilly Moose also has caused, is 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
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Count V:
Patent Infringement of U.S. Patent D780,530 Under 35 U.S.C. § 271
78. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
79. Chilly Moose has infringed and continues to infringe the ‘530 patent at least by
using, selling, offering to sell, making, and/or importing into the United States Chilly Moose’s
infringing beverage holders, which are covered by the claim of the ‘530 patent.
80. Chilly Moose’s acts of infringement have been without express or implied license
by YETI, are in violation of YETI’s rights, and will continue unless enjoined by this Court.
81. On information and belief, Chilly Moose’s infringement of the ‘530 patent has
82. On information and belief, this is an exceptional case in view of Chilly Moose’s
unlawful activities, including Chilly Moose’s deliberate, intentional, and willful infringement.
83. 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
84. Chilly Moose also has caused, is 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
Count VI:
Patent Infringement of U.S. Patent D780,531 Under 35 U.S.C. § 271
85. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
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86. Chilly Moose has infringed and continues to infringe the ‘531 patent at least by
using, selling, offering to sell, making, and/or importing into the United States Chilly Moose’s
infringing beverage holders, which are covered by the claim of the ‘531 patent.
87. Chilly Moose’s acts of infringement have been without express or implied license
by YETI, are in violation of YETI’s rights, and will continue unless enjoined by this Court.
88. On information and belief, Chilly Moose’s infringement of the ‘531 patent has
89. On information and belief, this is an exceptional case in view of Chilly Moose’s
unlawful activities, including Chilly Moose’s deliberate, intentional, and willful infringement.
90. 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
91. Chilly Moose also has caused, is 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
Count VII:
Patent Infringement of U.S. Patent D780,532 Under 35 U.S.C. § 271
92. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
93. Chilly Moose has infringed and continues to infringe the ‘532 patent at least by
using, selling, offering to sell, making, and/or importing into the United States Chilly Moose’s
infringing beverage holders, which are covered by the claim of the ‘532 patent.
94. Chilly Moose’s acts of infringement have been without express or implied license
by YETI, are in violation of YETI’s rights, and will continue unless enjoined by this Court.
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95. On information and belief, Chilly Moose’s infringement of the ‘532 patent has
96. On information and belief, this is an exceptional case in view of Chilly Moose’s
unlawful activities, including Chilly Moose’s deliberate, intentional, and willful infringement.
97. 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
98. Chilly Moose also has caused, is 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
Count VIII:
Patent Infringement of U.S. Patent D780,533 Under 35 U.S.C. § 271
99. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
100. Chilly Moose has infringed and continues to infringe the ‘533 patent at least by
using, selling, offering to sell, making, and/or importing into the United States Chilly Moose’s
infringing beverage holders, which are covered by the claim of the ‘533 patent.
101. Chilly Moose’s acts of infringement have been without express or implied license
by YETI, are in violation of YETI’s rights, and will continue unless enjoined by this Court.
102. On information and belief, Chilly Moose’s infringement of the ‘533 patent has
103. On information and belief, this is an exceptional case in view of Chilly Moose’s
unlawful activities, including Chilly Moose’s deliberate, intentional, and willful infringement.
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104. 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
105. Chilly Moose also has caused, is 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
Count IX:
Patent Infringement of U.S. Patent D786,025 Under 35 U.S.C. § 271
106. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
107. Chilly Moose has infringed and continues to infringe the ‘025 patent at least by
using, selling, offering to sell, making, and/or importing into the United States Chilly Moose’s
infringing beverage holders, which are covered by the claim of the ‘025 patent.
108. Chilly Moose’s acts of infringement have been without express or implied license
by YETI, are in violation of YETI’s rights, and will continue unless enjoined by this Court.
109. On information and belief, Chilly Moose’s infringement of the ‘025 patent has
110. On information and belief, this is an exceptional case in view of Chilly Moose’s
unlawful activities, including Chilly Moose’s deliberate, intentional, and willful infringement.
111. 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
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112. Chilly Moose also has caused, is 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
Count X:
Patent Infringement of U.S. Patent D826,003 Under 35 U.S.C. § 271
113. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
114. Chilly Moose has infringed and continues to infringe the ‘003 patent at least by
using, selling, offering to sell, making, and/or importing into the United States Chilly Moose’s
infringing beverage holders, which are covered by the claim of the ‘003 patent.
115. Chilly Moose’s acts of infringement have been without express or implied license
by YETI, are in violation of YETI’s rights, and will continue unless enjoined by this Court.
116. On information and belief, Chilly Moose’s infringement of the ‘003 patent has
117. On information and belief, this is an exceptional case in view of Chilly Moose’s
unlawful activities, including Chilly Moose’s deliberate, intentional, and willful infringement.
118. 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
119. Chilly Moose also has caused, is 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
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Count XI:
Patent Infringement of U.S. Patent D829,058 Under 35 U.S.C. § 271
120. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
121. Chilly Moose has infringed and continues to infringe the ‘058 patent at least by
using, selling, offering to sell, making, and/or importing into the United States Chilly Moose’s
infringing beverage holders, which are covered by the claim of the ‘058 patent.
122. Chilly Moose’s acts of infringement have been without express or implied license
by YETI, are in violation of YETI’s rights, and will continue unless enjoined by this Court.
123. On information and belief, Chilly Moose’s infringement of the ‘058 patent has
124. On information and belief, this is an exceptional case in view of Chilly Moose’s
unlawful activities, including Chilly Moose’s deliberate, intentional, and willful infringement.
125. 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
126. Chilly Moose also has caused, is 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
Count XII:
Trade Dress Infringement under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)
127. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
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manufacture, and/or importing of the infringing products violate § 43(a) of the Lanham Act, 15
U.S.C. § 1125(a), by infringing YETI’s trade dress. Chilly Moose’s use of YETI’s trade dress
and/or colorable imitations thereof is likely to cause confusion, mistake, or deception as to the
affiliation, connection, and/or association of Chilly Moose with YETI and as to the origin,
sponsorship, and/or approval of the infringing products, at least by creating the false and
misleading impression that the infringing products are manufactured by, authorized by, or
129. YETI’s trade dress is entitled to protection under the Lanham Act. YETI’s 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, YETI’s trade dress has become a well-known indicator of the origin and quality
of YETI’s products. YETI’s trade dress has also acquired substantial secondary meaning in the
marketplace. Moreover, YETI’s trade dress acquired this secondary meaning before Chilly
Moose commenced its unlawful use of YETI’s trade dress in connection with the infringing
products.
130. Chilly Moose’s use of YETI’s 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 YETI’s trade dress, YETI’s products,
and YETI.
131. On information and belief, Chilly Moose’s use of YETI’s trade dress and/or
colorable imitations thereof has been intentional, willful, and malicious. Chilly Moose’s bad
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faith is evidenced at least by the similarity of the infringing products to YETI’s trade dress and
132. YETI is entitled to injunctive relief, and YETI is entitled to recover at least Chilly
Moose’s profits, YETI’s actual damages, enhanced damages, costs, and reasonable attorney fees
Count XIII:
Trade Dress Dilution under § 43(c) of the Lanham Act, 15 U.S.C. § 1125(c)
133. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
134. Based on the activities described above, including, for example, Chilly Moose’s
advertising, marketing, promoting, offering for sale, selling, distributing, manufacturing, and/or
importing the infringing products, Chilly Moose is likely to dilute, have diluted, and continue to
dilute YETI’s famous trade dress in violation of § 43(c) of the Lanham Act, 15 U.S.C. § 1125(c).
Chilly Moose’s use of YETI’s trade dress and/or colorable imitations thereof is likely to cause,
and has caused, dilution of YETI’s famous trade dress at least by eroding the public’s exclusive
identification of YETI’s famous trade dress with YETI and YETI’s products, by lessening the
capacity of YETI’s famous trade dress to identify and distinguish YETI’s products, by
associating YETI’s trade dress with products of inferior quality, and by impairing the
135. YETI’s trade dress is famous and is entitled to protection under the Lanham Act.
YETI’s trade dress includes unique, distinctive, and non-functional designs. YETI’s trade dress
has acquired distinctiveness through YETI’s extensive and continuous promotion and use of
YETI’s trade dress in the United States. Through that extensive and continuous use, YETI’s
trade dress has become a famous well-known indicator of the origin and quality of YETI’s
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products throughout the United States, and is widely recognized by the general consuming public
as a designation of the source of YETI and YETI’s products. YETI’s trade dress has also
acquired substantial secondary meaning in the marketplace. Moreover, YETI’s trade dress
became famous and acquired this secondary meaning before Chilly Moose commenced its
unlawful use of YETI’s trade dress in connection with the infringing products.
136. Chilly Moose’s use of YETI’s 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 YETI’s trade dress, YETI’s
137. On information and belief, Chilly Moose’s use of YETI’s trade dress and/or
colorable imitations thereof has been intentional, willful, and malicious. Chilly Moose’s bad
faith is evidenced at least by the similarity of the infringing products to YETI’s trade dress and
138. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
Chilly Moose’s profits, YETI’s actual damages, enhanced profits and damages, costs, and
reasonable attorney fees under at least 15 U.S.C. §§ 1125(c), 1116, and 1117.
Count XIV:
Trade Dress Dilution Under Tex. Bus. & Com. Code § 16.103
139. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
140. Based on the activities described above, including, for example, Chilly Moose’s
advertising, marketing, promoting, offering for sale, selling, distributing, manufacturing, and/or
importing the infringing products, Chilly Moose is likely to dilute, have diluted, and continue to
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dilute YETI’s trade dress in violation of § 16.103 of the Texas Business & Commerce Code.
Chilly Moose’s use of YETI’s trade dress and/or colorable imitations thereof is likely to cause,
and has caused, dilution of YETI’s famous trade dress at least by eroding the public’s exclusive
identification of YETI’s famous trade dress with YETI, by lessening the capacity of YETI’s
famous trade dress to identify and distinguish YETI’s products, by associating YETI’s trade
dress with products of inferior quality, and by impairing the distinctiveness of YETI’s famous
trade dress.
141. YETI’s trade dress is famous and is entitled to protection under Texas law.
YETI’s 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, YETI’s trade dress has become a
famous well-known indicator of the origin and quality of YETI’s products in the United States
and in the State of Texas generally and in geographic areas in Texas, and YETI’s 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 YETI’s products. YETI’s trade dress has also acquired
substantial secondary meaning in the marketplace, including in the State of Texas and in
geographic areas in Texas. Moreover, YETI’s trade dress became famous and acquired this
secondary meaning before Chilly Moose commenced its unlawful use of YETI’s trade dress in
142. Chilly Moose’s use of YETI’s 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
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injury to the goodwill and reputation for quality associated with YETI’s trade dress, YETI’s
143. On information and belief, Chilly Moose’s use of YETI’s trade dress and/or
colorable imitations thereof has been intentional, willful, and malicious. Chilly Moose’s bad
faith is evidenced at least by the similarity of the infringing products to YETI’s trade dress and
144. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
Chilly Moose’s profits, YETI’s actual damages, enhanced profits and damages, and reasonable
attorney fees under at least Tex. Bus. & Com. Code § 16.104.
Count XV:
Trademark Infringement under § 32(1) of the Lanham Act, 15 U.S.C. § 1114(1)
145. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
146. Based on the activities described above, including, for example, Chilly Moose
using YETI’s federally registered trademarks, including at least the trademarks protected by the
‘869 Registration, the ‘370 Registration, the ‘371 Registration, the ‘897 Registration, the ‘441
Registration, the ‘469 Registration, the ‘587 Registration, the ‘333 Registration, the ‘798
Registration, the ‘905 Registration, and the ‘737 Registration, and/or colorable imitations
thereof, in connection with advertising, promoting, offering for sale, selling, distributing,
manufacturing, and/or importing the infringing products, Chilly Moose has infringed YETI’s
federally registered trademarks under § 32(1) of the Lanham Act, 15 U.S.C. § 1114(1). Chilly
reproductions, copies, and/or colorable imitations thereof is likely to cause confusion, or to cause
mistake, or to deceive.
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147. Chilly Moose’s use of YETI’s federally registered trademarks, including through
counterfeits, reproductions, copies, 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 YETI’s federally registered trademarks, YETI’s
148. On information and belief, Chilly Moose’s use of YETI’s federally registered
thereof, has been intentional, willful, and malicious. Chilly Moose’s bad faith is evidenced at
least by Chilly Moose’s unlawful use of YETI’s federally registered trademarks in an effort to
sell the infringing products, Chilly Moose’s infringements of YETI’s other rights, and Chilly
149. YETI is entitled to injunctive relief, and YETI is entitled to recover at least Chilly
Moose’s profits, YETI’s actual damages, enhanced damages, costs, and reasonable attorney fees
Count XVI:
Trademark Infringement under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)
150. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
151. Based on the activities described above, including, for example, Chilly Moose’s
use of YETI’s Trademarks and/or colorable imitations thereof, Chilly Moose violates § 43(a) of
the Lanham Act, 15 U.S.C. § 1125(a). Chilly Moose’s use of YETI’s Trademarks and/or
affiliation, connection, and/or association of Chilly Moose with YETI and as to the origin,
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sponsorship, and/or approval of the infringing products, at least by creating the false and
misleading impression that the infringing products are manufactured by, authorized by, or
152. YETI’s Trademarks are entitled to protection under the Lanham Act. YETI’s
Trademarks are inherently distinctive. YETI has extensively and continuously promoted and
used YETI’s Trademarks in the United States. Through that extensive and continuous use,
YETI’s Trademarks have become well-known indicators of the origin and quality of YETI’s
products. YETI’s Trademarks have also acquired substantial secondary meaning in the
marketplace. Moreover, YETI’s Trademarks acquired this secondary meaning before Chilly
Moose commenced its unlawful use of YETI’s Trademarks in connection with the infringing
products.
reproductions, copies, 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 YETI’s Trademarks, YETI’s products, and YETI.
154. On information and belief, Chilly Moose’s use of YETI’s Trademarks, including
through counterfeits, reproductions, copies, and/or colorable imitations thereof, has been
intentional, willful, and malicious. Chilly Moose’s bad faith is evidenced at least by Chilly
Moose’s unlawful use of YETI’s Trademarks to sell the infringing products, Chilly Moose’s
infringement of YETI’s other rights, and Chilly Moose’s continuing disregard for YETI’s rights.
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155. YETI is entitled to injunctive relief, and YETI is entitled to recover at least Chilly
Moose’s profits, YETI’s actual damages, enhanced damages, costs, and reasonable attorney fees
Count XVII:
Trademark Dilution under § 43(c) of the Lanham Act, 15 U.S.C. § 1125(c)
156. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
157. Based on the activities described above, including, for example, Chilly Moose’s
use of YETI’s Trademarks and/or colorable imitations thereof, Chilly Moose is likely to dilute,
has diluted, and continues to dilute YETI’s famous Trademarks in violation of § 43(c) of the
Lanham Act, 15 U.S.C. § 1125(c). Chilly Moose’s use of YETI’s Trademarks, including
through counterfeits, reproductions, copies, and/or colorable imitations thereof, is likely to cause,
and has caused, dilution of YETI’s famous Trademarks at least by eroding the public’s exclusive
identification of YETI’s famous Trademarks with YETI and YETI’s products, by lessening the
associating YETI’s Trademarks with products of inferior quality, and by impairing the
158. YETI’s Trademarks are famous and are entitled to protection under the Lanham
Act. YETI’s Trademarks are inherently distinctive. YETI’s Trademarks also have acquired
distinctiveness through YETI’s extensive and continuous promotion and use of YETI’s
Trademarks in the United States. Through that extensive and continuous use, YETI’s
Trademarks have become famous, well-known indicators of the origin and quality of YETI’s
products throughout the United States, and are widely recognized by the general consuming
public as a designation of the source of YETI and YETI’s products. YETI’s Trademarks have
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also acquired substantial secondary meaning in the marketplace. Moreover, YETI’s Trademarks
became famous and acquired this secondary meaning before Chilly Moose commenced its
reproductions, copies, 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 YETI’s Trademarks, YETI’s products, and YETI.
160. On information and belief, Chilly Moose’s use of YETI’s Trademarks, including
through counterfeits, reproductions, copies, and/or colorable imitations thereof, has been
intentional, willful, and malicious. Chilly Moose’s bad faith is evidenced at least by Chilly
Moose’s unlawful use of YETI’s Trademarks to sell the infringing products, Chilly Moose’s
infringement of YETI’s other rights, and Chilly Moose’s continuing disregard for YETI’s rights.
161. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
Chilly Moose’s profits, YETI’s actual damages, enhanced profits and damages, costs, and
reasonable attorney fees under at least 15 U.S.C. §§ 1125(c), 1116, and 1117.
Count XVIII:
Trademark Dilution under Tex. Bus. & Com. Code § 16.103
162. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
163. Based on the activities described above, including, for example, Chilly Moose’s
use of YETI’s Trademarks and/or colorable imitations thereof, Chilly Moose is likely to dilute,
has diluted, and continues to dilute YETI’s Trademarks in violation § 16.103 of the Texas
Business & Commerce Code. Chilly Moose’s use of YETI’s Trademarks and/or colorable
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imitations thereof is likely to cause, and has caused, dilution of YETI’s famous Trademarks at
least by eroding the public’s exclusive identification of YETI’s Trademarks with YETI, by
lessening the capacity of YETI’s famous Trademarks to identify and distinguish YETI’s
164. YETI’s Trademarks are famous and are entitled to protection under Texas law.
YETI has extensively and continuously promoted and used its Trademarks in the United States
and in the State of Texas. Through that extensive and continuous use, YETI’s Trademarks have
become famous and well-known indicators of the origin and quality of YETI’s products in the
United States and in the State of Texas generally and in geographic areas in Texas, and YETI’s
Trademarks are widely recognized by the public throughout Texas and in geographic areas in
Texas as a designation of the source of YETI and YETI’s products. YETI’s Trademarks have
also acquired substantial secondary meaning in the marketplace, including in the State of Texas
and in geographic areas in Texas. Moreover, YETI’s Trademarks became famous and acquired
this secondary meaning before Chilly Moose commenced its unlawful use of YETI’s Trademarks
165. Chilly Moose’s use of YETI’s Trademarks 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 YETI’s Trademarks, YETI’s
166. On information and belief, Chilly Moose’s use of YETI’s Trademarks and/or
colorable imitations thereof has been intentional, willful, and malicious. Chilly Moose’s bad
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faith is evidenced at least by Chilly Moose’s unlawful use of YETI’s Trademarks to sell the
infringing products, and by Chilly Moose’s continuing disregard for YETI’s rights.
167. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
Chilly Moose’s profits, YETI’s actual damages, enhanced profits and damages, and reasonable
attorney fees under at least Tex. Bus. & Com. Code § 16.104.
Count XIX:
Unfair Competition and False Designation of Origin under § 43(a)
of the Lanham Act, 15 U.S.C. § 1125(a)
168. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
distribution, manufacture, and/or importing 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 Chilly Moose has obtained an unfair advantage
as compared to YETI through Chilly Moose’s use of YETI’s trade dress and Trademarks and
because such use is likely to cause consumer confusion as to the origin, sponsorship, and/or
affiliation of Chilly Moose’s infringing products, at least by creating the false and misleading
impression that its infringing products are manufactured by, authorized by, or otherwise
170. YETI’s trade dress and YETI’s Trademarks are entitled to protection under the
Lanham Act. YETI’s trade dress includes unique, distinctive, and non-functional designs. YETI
has extensively and continuously promoted and used its trade dress and Trademarks in the
United States. Through that extensive and continuous use, YETI’s trade dress and YETI’s
Trademarks have become well-known indicators of the origin and quality of YETI’s products.
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YETI’s trade dress and YETI’s Trademarks have also acquired substantial secondary meaning in
the marketplace. Moreover, YETI’s trade dress and YETI’s Trademarks acquired this secondary
meaning before Chilly Moose commenced its unlawful use of YETI’s trade dress and YETI’s
171. Chilly Moose’s use of YETI’s trade dress and Trademarks 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
172. On information and belief, Chilly Moose’s use of YETI’s trade dress and
Trademarks and colorable imitations thereof has been intentional, willful, and malicious. Chilly
Moose’s bad faith is evidenced at least by its use of YETI’s exact Trademarks and the similarity
of the infringing products to YETI’s trade dress and by Chilly Moose’s continuing disregard for
YETI’s rights.
173. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
Chilly Moose’s profits, YETI’s actual damages, enhanced damages, costs, and reasonable
Count XX:
Common Law Trade Dress Infringement
174. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
distribution, manufacture, and/or importing of the infringing products, in direct competition with
YETI, constitute common law trade dress infringement, at least because Chilly Moose’s use of
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YETI’s trade dress and/or colorable imitations thereof is likely to cause consumer confusion as
to the origin, sponsorship, and/or affiliation of its infringing products, at least by creating the
false and misleading impression that its infringing products are manufactured by, authorized by,
176. YETI’s trade dress is entitled to protection under the common law. YETI’s 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 the State of Texas.
Through that extensive and continuous use, YETI’s trade dress has become a well-known
indicator of the origin and quality of YETI’s products. YETI’s trade dress has also acquired
substantial secondary meaning in the marketplace. Moreover, YETI’s trade dress acquired this
secondary meaning before Chilly Moose commenced its unlawful use of YETI’s trade dress in
177. Chilly Moose’s use of YETI’s 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 YETI’s trade dress, YETI’s products,
and YETI.
178. On information and belief, Chilly Moose’s use of YETI’s trade dress and/or
colorable imitations thereof has been intentional, willful, and malicious. Chilly Moose’s bad
faith is evidenced at least by the similarity of it its infringing products to YETI’s trade dress and
179. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
YETI’s damages, Chilly Moose’s profits, punitive damages, costs, and reasonable attorney fees.
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Count XXI:
Common Law Trademark Infringement
180. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
181. Chilly Moose’s activities described above, including, for example, Chilly
Moose’s use of YETI’s Trademarks and/or colorable imitations thereof, in direct competition
with YETI, constitute common law trademark infringement, at least because Chilly Moose’s use
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
182. YETI’s Trademarks are entitled to protection under the common law. YETI has
extensively and continuously promoted and used its Trademarks in the United States and the
State of Texas. Through that extensive and continuous use, YETI’s Trademarks have become
well-known indicators of the origin and quality of YETI’s products. YETI’s Trademarks have
also acquired substantial secondary meaning in the marketplace. Moreover, YETI’s Trademarks
acquired this secondary meaning before Chilly Moose commenced its unlawful use of YETI’s
reproductions, copies, 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 YETI’s Trademarks, YETI’s products, and YETI.
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184. On information and belief, Chilly Moose’s use of YETI’s Trademarks, including
through counterfeits, reproductions, copies, and/or colorable imitations thereof, has been
intentional, willful, and malicious. Chilly Moose’s bad faith is evidenced at least by Chilly
Moose’s unlawful use of YETI’s Trademarks to sell the infringing products, Chilly Moose’s
infringement of YETI’s other rights, and Chilly Moose’s continuing disregard for YETI’s rights.
185. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
YETI’s damages, Chilly Moose’s profits, punitive damages, costs, and reasonable attorney fees.
Count XXII:
Common Law Unfair Competition
186. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
distribution, manufacture, and/or importing of the infringing products, in direct competition with
YETI, constitute common law unfair competition, at least by palming off/passing off of Chilly
Moose’s goods, by simulating YETI’s trade dress and Trademarks in an intentional and
calculated manner that is likely to cause consumer confusion as to origin, sponsorship, and/or
affiliation of Chilly Moose’s infringing products, at least by creating the false and misleading
impression that its infringing products are manufactured by, authorized by, or otherwise
associated with YETI. Chilly Moose has also interfered with YETI’s business.
188. YETI’s trade dress and YETI’s Trademarks are entitled to protection under the
common law. YETI’s trade dress includes unique, distinctive, and non-functional designs.
YETI’s Trademarks are inherently distinctive. YETI has extensively and continuously promoted
and used YETI’s trade dress and YETI’s Trademarks for years in the United States and the State
of Texas. Through that extensive and continuous use, YETI’s trade dress and YETI’s
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Trademarks have become well-known indicators of the origin and quality of YETI’s products.
YETI’s trade dress and YETI’s Trademarks have also acquired substantial secondary meaning in
the marketplace. Moreover, YETI’s trade dress and YETI’s Trademarks acquired this secondary
meaning before Chilly Moose commenced its unlawful use of YETI’s trade dress and YETI’s
189. Chilly Moose’s use of YETI’s trade dress and Trademarks 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
190. On information and belief, Chilly Moose’s use of YETI’s trade dress and/or
colorable imitations thereof has been intentional, willful, and malicious. Chilly Moose’s bad
faith is evidenced at least by its use of YETI’s exact Trademarks and the similarity of its
infringing products to YETI’s trade dress and Chilly Moose’s continuing disregard for YETI’s
rights.
191. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
YETI’s damages, Chilly Moose’s profits, punitive damages, costs, and reasonable attorney fees.
Count XXIII:
Common Law Misappropriation
192. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
manufacture, and/or importing of the infringing products, in direct competition with YETI,
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194. YETI created the Rambler® Drinkware and Roadie® and Tundra® Coolers
covered by YETI’s trade dress and YETI’s Trademarks through extensive time, labor, effort,
skill, and money. Chilly Moose has wrongfully used YETI’s trade dress and YETI’s Trademarks
and/or colorable imitations thereof in competition with YETI and gained a special advantage
because Chilly Moose was not burdened with the expenses incurred by YETI. Chilly Moose has
misleading impression that their infringing products are manufactured by, authorized by, or
otherwise associated with YETI, and by taking away sales that YETI would have made.
195. YETI’s trade dress and YETI’s Trademarks are entitled to protection under the
common law. YETI’s trade dress includes unique, distinctive, and non-functional designs.
YETI’s Trademarks are inherently distinctive. YETI has extensively and continuously promoted
and used YETI’s trade dress and YETI’s Trademarks for years in the United States and the State
of Texas. Through that extensive and continuous use, YETI’s trade dress and YETI’s
Trademarks have become well-known indicators of the origin and quality of YETI’s products.
YETI’s trade dress and YETI’s Trademarks have also acquired substantial secondary meaning in
the marketplace. Moreover, YETI’s trade dress and YETI’s Trademarks acquired this secondary
meaning before Chilly Moose commenced its unlawful use of YETI’s trade dress and YETI’s
196. Chilly Moose’s use of YETI’s trade dress and YETI’s Trademarks and/or
colorable imitations thereof has caused and, unless enjoined, will continue to cause substantial
and irreparable commercial 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
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associated with YETI’s trade dress and YETI’s Trademarks with YETI and YETI’s products.
Moreover, as a result of its misappropriation, Chilly Moose has 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 YETI’s trade
dress and YETI’s Trademarks and/or colorable imitations thereof has been intentional, willful,
and malicious. Chilly Moose’s bad faith is evidenced at least by its use of YETI’s exact
Trademarks and the similarity of its infringing products to YETI’s trade dress and YETI’s
198. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
YETI’s damages, Chilly Moose’s profits, punitive damages, costs, and reasonable attorney fees.
Count XXIV:
Unjust Enrichment
199. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
manufacture, and/or importing of its infringing products, in direct competition with YETI,
constitute unjust enrichment, at least because Chilly Moose has wrongfully obtained benefits at
YETI’s expense. Chilly Moose has also, inter alia, operated with an undue advantage.
201. YETI created the Rambler® Drinkware and Roadie® and Tundra® Coolers
covered by YETI’s trade dress and YETI’s Trademarks through extensive time, labor, effort,
skill, and money. Chilly Moose has wrongfully used and is wrongfully using YETI’s trade dress
and YETI’s Trademarks and/or colorable imitations thereof in competition with YETI, and has
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gained and is gaining a wrongful benefit by undue advantage through such use. Chilly Moose
has not been burdened with the expenses incurred by YETI, yet Chilly Moose is obtaining the
202. YETI’s trade dress and YETI’s Trademarks are entitled to protection under the
common law. YETI’s trade dress includes unique, distinctive, and non-functional designs.
YETI’s Trademarks are inherently distinctive. YETI has extensively and continuously promoted
and used YETI’s trade dress and YETI’s Trademarks for years in the United States and the State
of Texas. Through that extensive and continuous use, YETI’s trade dress and YETI’s
Trademarks have become well-known indicators of the origin and quality of YETI’s products.
YETI’s trade dress and YETI’s Trademarks have also acquired substantial secondary meaning in
the marketplace. Moreover, YETI’s trade dress and YETI’s Trademarks acquired this secondary
meaning before Chilly Moose commenced its unlawful use of YETI’s trade dress and YETI’s
Trademarks and colorable imitations thereof in connection with its infringing products.
203. Chilly Moose’s use of YETI’s trade dress and YETI’s Trademarks and/or
colorable imitations thereof has caused and, unless enjoined, will continue to cause substantial
and irreparable commercial 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 YETI’s trade dress and YETI’s Trademarks with YETI and YETI’s products.
YETI accumulated this goodwill and reputation through extensive time, labor, effort, skill, and
investment. Chilly Moose has wrongfully obtained and is wrongfully obtaining a benefit at
YETI’s expense by taking undue advantage and free-riding on YETI’s efforts and investments,
204. On information and belief, Chilly Moose’s unjust enrichment at YETI’s expense
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has been intentional, willful, and malicious. Chilly Moose’s bad faith is evidenced at least by the
similarity of its infringing products to YETI’s trade dress and YETI’s Trademarks, and Chilly
205. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
Relief Sought
WHEREFORE, Plaintiff respectfully prays for:
1. Judgment that Chilly Moose has (i) infringed the ‘397 patent in violation of § 271
of Title 35 in the United States Code; (ii) infringed the ‘285 patent in violation of § 271 of Title
35 in the United States Code; (iii) infringed the ‘891 patent in violation of § 271 of Title 35 in
the United States Code; (iv) infringed the ‘892 patent in violation of § 271 of Title 35 in the
United States Code; (v) infringed the ‘530 patent in violation of § 271 of Title 35 in the United
States Code; (vi) infringed the ‘531 patent in violation of § 271 of Title 35 in the United States
Code; (vii) infringed the ‘532 patent in violation of § 271 of Title 35 in the United States Code;
(viii) infringed the ‘533 patent in violation of § 271 of Title 35 in the United States Code; (ix)
infringed the ‘025 patent in violation of § 271 of Title 35 in the United States Code; (x) infringed
the ‘003 patent in violation of § 271 of Title 35 in the United States Code; (xi) infringed the ‘058
patent in violation of § 271 of Title 35 in the United States Code; (xii) infringed YETI’s trade
dress in violation of § 1125(a) of Title 15 in the United States Code; (xiii) diluted YETI’s trade
dress in violation of § 1125(c) of Title 15 in the United States Code; (xiv) diluted YETI’s trade
dress in violation of Tex. Bus. & Com. Code § 16.103; (xv) infringed YETI’s registered
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trademarks in violation of § 1114(1) of Title 15 in the United States Code; (xvi) infringed
YETI’s Trademarks in violation of § 1125(a) of Title 15 in the United States Code; (xvii) diluted
YETI’s Trademarks in violation of § 1125(c) of Title 15 in the United States Code; (xviii)
diluted YETI’s Trademarks in violation of Tex. Bus. & Com. Code § 16.103; (xix) engaged in
unfair competition and false designation of origin in violation of § 1125(a) of Title 15 in the
United States Code; (xx) violated YETI’s common law rights in YETI’s trade dress; (xxi)
violated YETI’s common law rights in YETI’s Trademarks; (xxii) engaged in common law
unfair competition; (xxiii) engaged in common law misappropriation; and (xxiv) been unjustly
enriched at YETI’s expense, and that all of these wrongful activities by Chilly Moose was
willful;
infringement and dilution of YETI’s trade dress and YETI’s Trademarks, and further acts of
unfair competition, misappropriation, and unjust enrichment by Chilly Moose, and each of its
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,
manufacturing, importing, or advertising the infringing products, or any other products that use a
copy, reproduction, or colorable imitation of YETI’s design patents, trade dress, and/or
Trademarks, pursuant to at least 15 U.S.C. § 1116 and Tex. Bus. & Com. Code § 16.104, and 35
U.S.C. § 283;
3. An Order directing Chilly Moose 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
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imitation of YETI’s trade dress or Trademarks in Chilly Moose’s possession or control, (iii) all
plates, molds, and other means of making the infringing products in Chilly Moose’s possession,
custody, or control, and (iv) all advertising materials related to the infringing products in Chilly
Moose’s possession, custody, or control, including on the Internet, pursuant to at least 15 U.S.C.
§ 1118;
attribution of YETI’s trade dress and YETI’s Trademarks to YETI, and to provide a copy of this
notice to all customers, distributors, and/or others from whom the infringing products are
recalled;
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);
that have occurred pursuant to 35 U.S.C. § 284, and/or an award of Chilly Moose’s profits from
its 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;
punitive 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
9. Such other and further relief as this Court deems just and proper.
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JS 44 (Rev. 06/17) 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.)
(b) County of Residence of First Listed Plaintiff Travis County of Residence of First Listed Defendant
(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, Sean J. Jungels
Banner & Witcoff, Ltd, 71 S. Wacker Drive, Suite 3600,
Chicago, Illinois 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
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 there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
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.
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EXHIBIT 5
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EXHIBIT 6
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EXHIBIT 7
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EXHIBIT 8
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EXHIBIT 9
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EXHIBIT 10
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EXHIBIT 11
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EXHIBIT 12
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EXHIBIT 13
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EXHIBIT 14
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EXHIBIT 15
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Case 1:19-cv-00834 Document 1-17 Filed 08/23/19 Page 1 of 3
EXHIBIT 16
Case 1:19-cv-00834 Document 1-17 Filed 08/23/19 Page 2 of 3
Reg. No. 5,233,441 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
5301 Southwest Parkway, Suite 200
Registered Jun. 27, 2017 Austin, TX 78735
CLASS 21: Beverageware; cups; drinking glasses; tumblers for use as drinking vessels; jugs;
Int. Cl.: 21 mugs; temperature-retaining drinking vessels; storage containers for household or domestic
use, namely, vacuum container for hot or cold food and drink; beer growlers; insulated food
Trademark and drink containers; stainless steel tumblers for use as drinking vessels; stainless steel
drinking glasses; stainless steel beverageware; drinking straws
Principal Register
FIRST USE 3-31-2014; IN COMMERCE 3-31-2014
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5233441
Case 1:19-cv-00834 Document 1-18 Filed 08/23/19 Page 1 of 3
EXHIBIT 17
Case 1:19-cv-00834 Document 1-18 Filed 08/23/19 Page 2 of 3
Reg. No. 5,330,469 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
7601 Southwest Pkwy
Registered Nov. 07, 2017 Austin, TEXAS 78735
CLASS 40: custom imprinting of tumblers, jugs and mugs; custom imprinting of
Int. Cl.: 40 beverageware; custom imprinting of drink holders; custom imprinting of insulated food and
drink containers; custom imprinting of portable coolers
Service Mark
FIRST USE 5-00-2008; IN COMMERCE 5-00-2008
Principal Register
The mark consists of the word "YETI" in stylized font.
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5330469
Case 1:19-cv-00834 Document 1-19 Filed 08/23/19 Page 1 of 3
EXHIBIT 18
Case 1:19-cv-00834 Document 1-19 Filed 08/23/19 Page 2 of 3
Reg. No. 5,341,587 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
7601 Southwest Pkwy
Registered Nov. 21, 2017 Austin, TEXAS 78735
CLASS 6: Metal strapping or tie downs; Metal locks for coolers; Metal latches; parts for
Int. Cl.: 6 portable coolers, namely, corner chocks primarily made of metal
Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5341587
Case 1:19-cv-00834 Document 1-20 Filed 08/23/19 Page 1 of 3
EXHIBIT 19
Case 1:19-cv-00834 Document 1-20 Filed 08/23/19 Page 2 of 3
Reg. No. 5,392,333 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
7601 Southwest Pkwy
Registered Jan. 30, 2018 Austin, TEXAS 78735
CLASS 40: Custom imprinting of tumblers, jugs and mugs; Custom imprinting of
Int. Cl.: 40 beverageware; Custom imprinting of drink holders; Custom imprinting of insulated food and
drink containers; Custom imprinting of portable coolers
Service Mark
FIRST USE 5-00-2008; IN COMMERCE 5-00-2008
Principal Register
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5392333
Case 1:19-cv-00834 Document 1-21 Filed 08/23/19 Page 1 of 3
EXHIBIT 20
Case 1:19-cv-00834 Document 1-21 Filed 08/23/19 Page 2 of 3
Reg. No. 5,438,798 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
7601 Southwest Pkwy
Registered Apr. 03, 2018 Austin, TEXAS 78735
CLASS 20: Seat cushions; Non-metal locks for coolers; Non-metal latches; parts for portable
Int. Cl.: 20 coolers, namely, plastic corner chocks
Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5438798
Case 1:19-cv-00834 Document 1-22 Filed 08/23/19 Page 1 of 3
EXHIBIT 21
Case 1:19-cv-00834 Document 1-22 Filed 08/23/19 Page 2 of 3
Reg. No. 5,409,905 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
7601 Southwest Pkwy
Registered Feb. 27, 2018 Austin, TEXAS 78735
CLASS 21: Beverageware; cups; drinking glasses; tumblers for use as drinking vessels; jugs;
Int. Cl.: 21 mugs; temperature-retaining drinking vessels; storage containers for household or domestic
use, namely, vacuum container for hot or cold food and drink; beer growlers; insulated food
Trademark and drink containers; insulating sleeve holder for beverage cups; thermal insulated drink
holder; portable stainless steel drink holders for holding individual cups, cans, and bottles;
Principal Register stainless steel tumblers for use as drinking vessels; stainless steel drinking glasses; stainless
steel beverageware
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5409905
Case 1:19-cv-00834 Document 1-23 Filed 08/23/19 Page 1 of 3
EXHIBIT 22
Case 1:19-cv-00834 Document 1-23 Filed 08/23/19 Page 2 of 3
Reg. No. 5,601,737 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
7601 Southwest Pkwy
Registered Nov. 06, 2018 Austin, TEXAS 78735
CLASS 25: shirts; t-shirts; hats; sun shirts; caps; sweatshirts; hooded sweatshirts; shorts;
Int. Cl.: 25 vests
Principal Register The mark consists of the word "YETI" in stylized font.
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5601737