YETI Coolers v. Costco - Complaint

Case: 1:17-cv-07025 Document #: 1 Filed: 09/28/17 Page 1 of 34 PageID #:1
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
YETI Coolers, LLC, Case No. 17-cv-7025
Plaintiff, COMPLAINT FOR DAMAGES AND

INJUNCTIVE RELIEF FOR:
v.
(1) TRADEMARK INFRINGEMENT IN
Costco Wholesale Corporation, VIOLATION OF 15 U.S.C. 1114(1);
(2) TRADEMARK INFRINGEMENT IN
Defendant. VIOLATION OF 15 U.S.C. 1125(a);
(3) TRADE DRESS INFRINGEMENT IN
VIOLATION OF 15 U.S.C. 1125(a);
(4) TRADEMARK DILUTION IN
VIOLATION OF 15 U.S.C. 1125(c);
(5) TRADE DRESS DILUTION IN
VIOLATION OF 15 U.S.C. 1125(c);
(6) UNFAIR COMPETITION AND FALSE
DESIGNATION OF ORIGIN IN
VIOLATION OF 15 U.S.C. 1125(a);
(7) COMMON LAW TRADEMARK
INFRINGEMENT;
(8) COMMON LAW TRADE DRESS
INFRINGEMENT;
(9) COMMON LAW UNFAIR
COMPETITION;
(10) COMMON LAW
MISAPPROPRIATION;
(11) UNJUST ENRICHMENT;
(12) PATENT INFRINGEMENT IN
VIOLATION OF 35 U.S.C. 271;
(13) COPYRIGHT INFRINGEMENT IN
VIOLATON OF 17 U.S.C. 501; AND
(14) DECEPTIVE TRADE PRACTICES IN
VIOLATION OF 815 ILCS 510
Jury Trial Demanded
COMPLAINT
Plaintiff, YETI Coolers, LLC (YETI), for its complaint against Costco Wholesale
Corp. (Costco), alleges as follows:

The Parties
1. YETI is a company organized and existing under the laws of the State of
Delaware with a principal place of business at 7601 Southwest Parkway, Austin, TX 78735.
2. On information and belief, Costco Wholesale Corp. organized and existing under
the laws of the State of Washington with a principal place of business at 999 Lake Dr., Issaquah,
WA 98027.
Jurisdiction and Venue
3. This is a complaint for damages and injunctive relief based on Costcos
drinkware-related sales and includes multiple grounds for relief including trademark and trade
dress infringement, trademark and trade dress dilution, unfair competition and false designation
of origin, misappropriation, unjust enrichment, patent infringement, and copyright infringement.
This complaint arises under the Illinois Uniform Deceptive Trade Practices Act, 15 U.S.C.
1051, et seq. (the Lanham Act); the Patent Act, 35 U.S.C. 1, et seq.; the Copyright Act, 17
U.S.C. 101 et seq.; the Illinois Uniform Deceptive Trade Practices Act; federal common law;
and state common law, including the law of Illinois.
4. This Court has subject matter jurisdiction over this complaint pursuant to at least
15 U.S.C. 1121(a) and 28 U.S.C. 1331, 1338(a), and 1367(a).
5. This Court has personal jurisdiction over Costco because, inter alia, Costco is
purposefully and intentionally availing itself of the privileges of doing business in the State of
Illinois, including in this District. Among other things, (i) Costco has advertised, marketed,
promoted, offered for sale, sold, and/or distributed, 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, (ii) Costcos tortious acts giving rise to this
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lawsuit and harm to YETI have occurred and are occurring in the State of Illinois, including in
this District, (iii) Costco has regularly and intentionally done business in this District and sold its
infringing products in this District providing Costco with substantial infringing business revenue
from this District, (iv) Costco acted with knowledge that its unauthorized use of YETIs rights
would cause harm to YETI in the State of Illinois and in this District, (v) Costco's customers
and/or potential customers reside in the State of Illinois, including in this District, and (vi)
Costco benefits financially from the Illinois market, including, for example, through sales of
infringing products that ultimately occur in Illinois, including in this District. Further, on
information and belief, Costco has sold infringing products for distribution throughout Illinois
and this District, and has delivered infringing products into the stream of commerce to
purchasers in Illinois, including in this District.
6. Venue is proper in this District pursuant to at least 28 U.S.C. 1391(a)-(d) and
28 U.S.C. 1400.
General Allegations YETIs Intellectual Property
7. For years, YETI has engaged in the development, manufacture, and sale of
insulated products, including insulated drinkware. YETI created unique, distinctive, and non-
functional designs to use with YETIs insulated drinkware. YETI has extensively and
continuously promoted and used these designs for years in the United States and in Illinois.
Through that extensive and continuous promotion and use, YETIs designs have become well-
known indicators of the origin and quality of YETIs insulated drinkware products. YETIs
designs also have acquired substantial secondary meaning in the marketplace and have become
famous. As discussed in more detail below, YETI owns various rights relating to its insulated
drinkware designs, including trademark rights, trade dress rights, patent rights, and copyrights.
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8. Several years ago, YETI introduced its Rambler Drinkware products into the
marketplace. YETI has sold millions of units of the Rambler Drinkware throughout the United
States, including close to a million the 36 oz. Rambler Bottle, including sales to customers in
the State of Illinois. YETI has invested significant resources in the design, development,
manufacture, advertising, and marketing of its Rambler Drinkware, including the 36 oz.
Rambler Bottle. The design and features of the Rambler Drinkware have received
widespread and unsolicited public attention. For example, the Rambler Drinkware has been
featured in numerous newspaper, magazine, and Internet articles.
9. The designs of the Rambler Drinkware, including the 36 oz. Rambler Bottle
are distinctive and non-functional and identify to consumers that the origin of the Rambler
Drinkware, including the 36 oz. Rambler Bottle, is YETI. As a result of at least YETIs
continuous and exclusive use of the Rambler Drinkware, including the 36 oz. Rambler
Bottle, YETIs marketing, advertising, and sales of the Rambler Drinkware, including the 36
oz. Rambler Bottle, and the highly valuable goodwill and substantial secondary meaning
acquired as a result, YETI owns trade dress rights in the design and appearance of the Rambler
Drinkware, including the 36 oz. Rambler Bottle, which consumers have come to uniquely
associate with YETI.
10. Exemplary images of a YETI 36 oz. Rambler Bottle are shown below:
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Illustration 1: Exemplary Images of a YETI 36 oz. Rambler Bottle.
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11. YETI has trade dress rights in the overall look, design, and appearance of the
YETI 36 oz. Rambler Bottle, which includes the design and appearance of the curves, tapers,
and lines in the YETI 36 oz. Rambler Bottle; the design and appearance of the profile of the
YETI 36 oz. Rambler Bottle; the design and appearance of the walls of the YETI 36 oz.
Rambler Bottle; the design and appearance of the rim of the YETI 36 oz. Rambler Bottle; the
design, appearance, and placement of the taper in the side wall of the YETI 36 oz. Rambler
Bottle; the design, appearance, and placement of the upper portion, mid portion, and bottom
portion of the side wall of the YETI 36 oz. Rambler Bottle; the design, appearance, and
placement of the style line around the base of the YETI 36 oz. Rambler Bottle; the design,
appearance, and placement of the taper in the cap of the YETI 36 oz. Rambler Bottle; the
design, appearance, and placement of the handle on the cap of the YETI 36 oz. Rambler Bottle;
the design, appearance, and placement of the top plane of the cap of the YETI 36 oz. Rambler
Bottle; the design, appearance, and placement of the side walls of the cap of the YETI 36 oz.
Rambler Bottle; the color contrast and color combinations of the YETI 36 oz. Rambler Bottle
and the cap of the YETI 36 oz. Rambler Bottle; and the relationship of these features to each
other and to other features.
12. As a result of YETIs exclusive, continuous, and substantial use, advertising, and
sales of insulated drinkware products bearing YETIs trade dress and the publicity and attention
that has been paid to YETIs trade dress, YETIs trade dress in its 36 oz. Rambler Bottle has
become famous and has acquired valuable goodwill and substantial secondary meaning in the
marketplace, as consumers have come to uniquely associate YETIs trade dress as a source
identifier of YETI.
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13. YETI has also used the trademarks YETI and RAMBLER throughout the
United States in connection with at least its insulated drinkware products. YETI has used these
trademarks throughout the United States and the State of Illinois, including with advertising and
promoting YETIs 36 oz. Rambler Bottle. YETI has sold millions of units of the Rambler
Drinkware bearing the YETI and RAMBLER trademarks throughout the United States,
including close to a million of YETIs 36 oz. Rambler Bottle.
14. In view of YETIs extensive and continuous use of YETI and RAMBLER,
consumers have come to associate YETI and RAMBLER as source identifiers of YETI, and
YETI owns trademark rights in these marks. Further, YETI owns several trademark
registrations, including:
i. Trademark Registration No. 3,203,869 (the 869 Registration) for YETI
for portable coolers;
ii. Trademark Registration No. 4,948,371 (the 371 Registration) for YETI
for clothing, namely, t-shirts, jerseys, shorts, hats, caps, sweatshirts, socks,
jackets;
iii. Trademark Registration No. 4,998,897 (the 897 Registration) for
RAMBLER for jugs;
iv. Trademark Registration No. 5,233,441 (the 441 Registration) for
RAMBLER for beverageware, cups, drinking glasses, tumblers for use as
drinking vessels, jugs, 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 and drink containers,
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stainless steel tumblers for use as drinking vessels, stainless steel drinking
glasses, stainless steel beverageware, drinking straws;
v. Trademark Registration No. 4,871,725 (the 725 Registration) for YETI
RAMBLER COLSTER for stainless steel drink holders.
Copies of certificates of trademark registrations for these marks are attached as Exhibits
1-5.
15. As a result of, inter alia, YETIs exclusive, continuous and substantial use of
YETI and RAMBLER, YETIs exclusive, continuous, and substantial advertising and
promoting of products bearing YETI and RAMBLER, and the publicity and attention that
has been paid to YETIs YETI and RAMBLER marks, these marks have become famous in
the United States and have acquired valuable goodwill and substantial secondary meaning in the
marketplace, as consumers have come to uniquely associate the YETI and RAMBLER
trademarks as source identifiers of YETI.
16. YETI owns several design patents related to a bottle and/or lid, including:
i. U.S. Design Patent No. D760,586 (the 586 patent);
ii. U.S. Design Patent No. D780,577 (the 577 patent);
iii. U.S. Design Patent No. D781,145 (the 145 patent);
iv. U.S. Design Patent No. D781,146 (the 146 patent);
v. U.S. Design Patent No. D783,367 (the 367 patent);
vi. U.S. Design Patent No. D783,368 (the 368 patent); and
vii. U.S. Design Patent No. D784,775 (the 775 patent).
17. The 367 patent, 368 patent, and 775 patent are each entitled Bottle, and the
586 patent, 577 patent, 145 patent, and 146 patent are each entitled Lid (collectively,
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YETIs Bottle Patents). Each of YETIs Bottle Patents was duly and legally issued by the U.S.
Patent Office to YETI. YETI owns the entire right, title, and interest to each of YETIs Bottle
Patents. Copies of these patents are attached as Exhibits 6-12.
18. YETI also owns several copyrights related to its Rambler Drinkware products.
YETI recently filed a copyright application entitled YETI RAMBLER 36 oz Bottle Label. A
copy of the YETI RAMBLER 36 oz Bottle Label submitted to the U.S. Copyright Office is
shown in Illustration 2 below.
Illustration 2: YETI RAMBLER 36 oz Bottle Label Submitted to Copyright Office
General Allegations Costcos Unlawful Activities
19. Costco 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 YETIs rights,
including the rights protected by YETIs intellectual property. Costcos infringing products are
confusingly similar imitations of YETIs products and are in the same size as YETIs products.
Costcos actions have all been without the authorization of YETI.
20. The infringing products of Costcos include at least its 36 oz. bottle products.
21. Exemplary images of the infringing bottle products and exemplary images of
YETIs legitimate bottle products are shown below:
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Illustration 3: Exemplary Images of Costcos Illustration 4: Exemplary Images of

Infringing 36 oz. Bottle Products. YETIs 36 oz. Rambler Bottle.
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22. As a result of Costcos activities related to the infringing bottle products, there is
a likelihood of confusion between Costco and its products on the one hand, and YETI and its
products on the other hand.
23. YETI used its bottle trade dress and copyrighted labels extensively and
continuously before Costco began advertising, promoting, offering to sell, selling, distributing,
manufacturing, and/or importing into the United States its infringing products. Moreover,
YETIs trade dress became famous and acquired secondary meaning in the United States before
Costco commenced its unlawful use of YETIs trade dress.
24. In addition to infringing YETIs copyrights and diluting YETIs trade dress,
Costco has also unlawfully used and continues to unlawfully use YETIs YETI and
RAMBLER, trademarks, including through counterfeits, reproductions, copies, and/or
colorable imitations thereof, in inter alia, advertising, promoting, offering to sell, selling,
distributing, manufacturing, and/or importing Costcos infringing products and/or labels, and are
thereby infringing and diluting YETIs YETI and RAMBLER trademarks and intentionally
trading on YETIs goodwill.
25. As a result of Costcos activities related to use of YETIs YETI and
RAMBLER trademarks, including through counterfeits, reproductions, copies, and/or
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colorable imitations thereof, there is a likelihood of confusion between Costco and Costcos
products on the one hand, and YETI and YETIs products on the other hand.
26. YETI used its YETI and RAMBLER trademarks extensively and
continuously before Costco began advertising, promoting, offering to sell, selling, distributing,
manufacturing, and/or importing its infringing products. Moreover, YETIs YETI and
RAMBLER trademarks became famous and acquired secondary meaning in the United States
before Costco commenced its unlawful use of YETIs trademarks.
27. Costcos use of YETIs YETI and RAMBLER trademarks, including through
counterfeits, reproductions, copies, and/or colorable imitations thereof, have been intentional,
willful, and malicious. Costcos bad faith is evidenced at least by Costcos direct copying of
YETIs products and unlawful use of YETIs trademarks.
28. As discussed above and as set forth in the counts below, Costcos actions are
unfair and unlawful.
Count I:
Trademark Infringement under 32(1) of the Lanham Act, 15 U.S.C. 1114(1)
29. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
28Error! Reference source not found. as though fully set forth herein.
30. Based on the activities described above, including, for example, Costco using
YETIs federally registered trademarks, including at least the trademarks protected by the 897
Registration, the 441 Registration, the 869 Registration, the 371 Registration, the 725
Registration, and/or colorable imitations thereof in connection with advertising, promoting,
offering for sale, selling, distributing, manufacturing, and/or importing the infringing products,
Costco has infringed YETIs YETI and RAMBLER trademarks under 32(1) of the
Lanham Act, 15 U.S.C. 1114(1). Costco's use of YETIs YETI and RAMBLER
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trademarks, including through counterfeits, reproductions, copies, and/or colorable imitations
thereof is likely to cause confusion, or to cause mistake, or to deceive.
31. Costco's use of YETIs YETI and RAMBLER 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 YETIs trademarks, YETIs products, and YETI.
32. On information and belief, Costcos use of YETIs YETI and RAMBLER
thereof, has been intentional, willful, and malicious. Costcos bad faith is evidenced at least by
Costco's unlawful use of YETI and RAMBLER trademarks in an effort to sell the infringing
products, Costco's infringements of YETIs other rights, and Costco's continuing disregard for
YETIs rights.
33. YETI is entitled to injunctive relief, and YETI is entitled to recover at least
Costco's profits, YETIs actual damages, enhanced damages, costs, and reasonable attorney fees
under at least 15 U.S.C. 1114(1), 1116, and 1117.
Count II:
Trademark Infringement under 43(a) of the Lanham Act, 15 U.S.C. 1125(a)
33 as though fully set forth herein.
35. Based on the activities described above, including, for example, Costco's use of
YETIs trademarks, including YETI, RAMBLER, and/or colorable imitations thereof,
Costco violates 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Costco's use of YETIs
trademarks and/or colorable imitations thereof is likely to cause confusion, mistake, or deception
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as to the affiliation, connection, and/or association of Costco 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
otherwise associated with YETI.
36. YETIs trademarks are entitled to protection under the Lanham Act. YETIs
trademarks are inherently distinctive. YETI has extensively and continuously promoted and
used its trademarks in the United States. Through that extensive and continuous use, YETIs
trademarks have become well-known indicators of the origin and quality of YETIs products.
YETIs trademarks have also acquired substantial secondary meaning in the marketplace.
Moreover, YETIs trademarks acquired this secondary meaning before Costco commenced its
unlawful use of YETIs trademarks in connection with the infringing products.
37. Costco's use of YETIs 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 YETIs trademarks, YETIs products, and YETI.
38. On information and belief, Costco's use of YETIs trademarks, including through
counterfeits, reproductions, copies, and/or colorable imitations thereof, has been intentional,
willful, and malicious. Costco's bad faith is evidenced at least by Costco's unlawful use of
YETIs trademarks to sell the infringing products, Costco's infringement of YETIs other rights,
and Costco's continuing disregard for YETIs rights.
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Costco's profits, YETIs actual damages, enhanced damages, costs, and reasonable attorney fees
under at least 15 U.S.C. 1125(a), 1116, and 1117.
Count III:
Trade Dress Infringement under 43(a) of the Lanham Act, 15 U.S.C. 1125(a)
41. Costco's advertisements, promotions, offers to sell, sales, distribution,
manufacture, and/or importing of the infringing products violate 43(a) of the Lanham Act, 15
U.S.C. 1125(a) by infringing YETIs trade dress. Costcos use of YETIs trade dress and/or
colorable imitations thereof is likely to cause confusion, mistake, or deception as to the
affiliation, connection, and/or association of Costco 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 otherwise
associated with YETI.
42. YETIs trade dress is entitled to protection under the Lanham Act. YETIs trade
dress includes unique, distinctive, and non-functional designs. YETI has extensively and
continuously promoted and used its trade dress in the United States. Through that extensive and
continuous use, YETIs trade dress has become a well-known indicator of the origin and quality
of YETIs products. YETIs trade dress has also acquired substantial secondary meaning in the
marketplace. Moreover, YETIs trade dress acquired this secondary meaning before Costco
commenced its unlawful use of YETIs trade dress in connection with the infringing products.
43. Costcos use of YETIs trade dress and/or colorable imitations thereof has caused
and, unless enjoined, will continue to cause substantial and irreparable injury to YETI for which
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YETI has no adequate remedy at law, including at least substantial and irreparable injury to the
goodwill and reputation for quality associated with YETIs trade dress, YETIs products, and
YETI.
44. On information and belief, Costco's use of YETIs trade dress and/or colorable
imitations thereof has been intentional, willful, and malicious. Costco's bad faith is evidenced at
least by the similarity of the infringing products to YETIs trade dress, Costco's infringement of
YETIs other rights, and Costco's continuing disregard for YETIs rights.
Costcos profits, YETIs actual damages, enhanced damages, costs, and reasonable attorney fees
Count IV:
Trademark Dilution under 43(c) of the Lanham Act, 15 U.S.C. 1125(c)
47. Based on the activities described above, including, for example, Costco's use of
YETIs trademarks, including YETI, RAMBLER, and/or colorable imitations thereof,
Costco is likely to dilute, has diluted, and continues to dilute YETIs famous trademarks in
violation of 43(c) of the Lanham Act, 15 U.S.C. 1125(c). Costco's use of YETIs
thereof, is likely to cause, and has caused, dilution of YETIs famous trademarks at least by
eroding the publics exclusive identification of YETIs famous trademarks with YETI and
YETIs products, by lessening the capacity of YETIs famous trademarks to identify and
distinguish YETIs products, by associating YETIs trademarks with products of inferior quality,
and by impairing the distinctiveness of YETIs famous trademarks.
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48. YETIs trademarks are famous and are entitled to protection under the Lanham
Act. YETIs trademarks are inherently distinctive. YETIs trademarks also have acquired
distinctiveness through YETIs extensive and continuous promotion and use of YETIs
trademarks in the United States. Through that extensive and continuous use, YETIs trademarks
have become famous, well-known indicators of the origin and quality of YETIs products
throughout the United States, and are widely recognized by the general consuming public as a
designation of the source of YETI and YETIs products. YETIs trademarks have also acquired
substantial secondary meaning in the marketplace. Moreover, YETIs trademarks became
famous and acquired this secondary meaning before Costco commenced its unlawful use of
YETIs trademarks in connection with the infringing products.
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,
willful, and malicious. Costco's bad faith is evidenced at least by Costco's unlawful use of
YETIs trademarks to sell the infringing products, Costcos infringement of YETIs other rights,
51. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
Costco's profits, YETIs actual damages, enhanced profits and damages, costs, and reasonable
attorney fees under at least 15 U.S.C. 1125(c), 1116, and 1117.
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Count V:
Trade Dress Dilution under 43(c) of the Lanham Act, 15 U.S.C. 1125(c)
53. Based on the activities described above, including, for example, Costco's
advertising, marketing, promoting, offering for sale, selling, distributing, manufacturing, and/or
importing the infringing products, Costco is likely to dilute, has diluted, and continues to dilute
YETIs famous trade dress in violation of 43(c) of the Lanham Act, 15 U.S.C. 1125(c).
Costco's use of YETIs trade dress and/or colorable imitations thereof is likely to cause, and has
caused, dilution of YETIs famous trade dress at least by eroding the publics exclusive
identification of YETIs famous trade dress with YETI and YETIs products, by lessening the
capacity of YETIs famous trade dress to identify and distinguish YETIs products, by
associating YETIs trade dress with products of inferior quality, and by impairing the
distinctiveness of YETIs famous trade dress.
54. YETIs trade dress is famous and is entitled to protection under the Lanham Act.
YETIs trade dress includes unique, distinctive, and non-functional designs. YETIs trade dress
has acquired distinctiveness through YETIs extensive and continuous promotion and use of
YETIs trade dress in the United States. Through that extensive and continuous use, YETIs
trade dress has become a famous well-known indicator of the origin and quality of YETIs
products throughout the United States, and is widely recognized by the general consuming public
as a designation of the source of YETI and YETIs products. YETIs trade dress has also
acquired substantial secondary meaning in the marketplace. Moreover, YETIs trade dress
became famous and acquired this secondary meaning before Costco commenced its unlawful use
of YETIs trade dress in connection with the infringing products.
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55. Costco's use of YETIs trade dress and/or colorable imitations thereof has caused,
and, unless enjoined, will continue to cause, substantial and irreparable injury to YETI for which
goodwill and reputation for quality associated with YETIs trade dress, YETIs products, and
YETI.
56. On information and belief, Costcos use of YETIs trade dress and/or colorable
least by the similarity of the infringing products to YETIs trade dress, Costco's infringement of
Costco's profits, YETIs actual damages, enhanced profits and damages, costs, and reasonable
attorney fees under at least 15 U.S.C. 1125(c), 1116, and 1117.
Count VI:
Unfair Competition and False Designation of Origin under 43(a)
of the Lanham Act, 15 U.S.C. 1125(a)
59. Costco's advertisements, marketing, promotions, offers to sell, sales, 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 Costco has obtained an unfair advantage as compared
to YETI through Costco's use of YETIs trade dress and trademarks and because such uses are
likely to cause consumer confusion as to the origin and/or sponsorship/affiliation of Costco's
infringing products, at least by creating the false and misleading impression that its infringing
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products are manufactured by, authorized by, or otherwise associated with YETI.
60. YETIs trade dress and trademarks relating to its 36 oz. Rambler Bottle are
entitled to protection under the Lanham Act. YETIs trade dress includes unique, distinctive,
and non-functional designs. YETI has extensively and continuously promoted and used its trade
dress and trademarks in the United States. Through that extensive and continuous use, YETIs
trade dress and trademarks have become well-known indicators of the origin and quality of
YETIs products. YETIs trade dress and trademarks have also acquired substantial secondary
meaning in the marketplace. Moreover, YETIs trade dress and trademarks acquired this
secondary meaning before Costco commenced its unlawful use of YETIs trade dress and
trademarks in connection with the infringing products.
61. Costcos use of YETIs 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 YETIs trade dress
and trademarks with YETI and YETIs products.
62. On information and belief, Costco's use of YETIs trade dress and trademarks
and/or colorable imitations thereof has been intentional, willful, and malicious. Costco's bad
faith is evidenced at least by the similarity of its infringing products to YETIs trade dress and
trademarks, Costco's infringement of YETIs other rights, and Costco's continuing disregard for
YETIs rights.
Costcos profits, YETIs actual damages, enhanced damages, costs, and reasonable attorney fees
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Count VII:
Common Law Trademark Infringement
65. Costcos activities described above, including, for example, Costco's use of
YETIs trademarks, including YETI, RAMBLER, and/or colorable imitations thereof, in
direct competition with YETI, constitute common law trademark infringement, at least because
Costco's use of YETIs trademarks, including through counterfeits, reproductions, copies, and/or
colorable imitations thereof, is likely to cause consumer confusion as to the origin and/or
sponsorship/affiliation of the infringing products, at least by creating the false and misleading
impression that the infringing products are manufactured by, authorized by, or otherwise
associated with YETI.
66. YETIs 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 Illinois. Through that extensive and continuous use, YETIs trademarks have become well-
known indicators of the origin and quality of YETIs products. YETIs trademarks have also
acquired substantial secondary meaning in the marketplace. Moreover, YETIs trademarks
acquired this secondary meaning before Costco commenced its unlawful use of YETIs
trademarks in connection with the infringing products.
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,
21
willful, and malicious. Costco's bad faith is evidenced at least by Costcos unlawful use of
YETIs trademarks to sell the infringing products, Costco's infringement of YETIs other rights,
YETIs damages, Costco's profits, punitive damages, costs, and reasonable attorney fees.
Count VIII:
Common Law Trade Dress Infringement
constitute common law trade dress infringement, at least because Costco's use of YETIs trade
dress and/or colorable imitations thereof is likely to cause consumer confusion as to the origin
and/or sponsorship/affiliation of its 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.
72. YETIs trade dress relating to its 36 oz. Rambler Bottle is entitled to protection
under the common law. YETIs trade dress includes unique, distinctive, and non-functional
designs. YETI has extensively and continuously promoted and used its trade dress in the United
States and the State of Illinois. Through that extensive and continuous use, YETIs trade dress
has become a well-known indicator of the origin and quality of YETIs products. YETIs trade
dress has also acquired substantial secondary meaning in the marketplace. Moreover, YETIs
22
trade dress acquired this secondary meaning before Costco commenced its unlawful use of
YETIs trade dress in connection with its infringing products.
73. Costco's use of YETIs trade dress and/or colorable imitations thereof has caused
and, unless enjoined, will continue to cause substantial and irreparable injury to YETI for which
goodwill and reputation for quality associated with YETIs trade dress with YETI and YETIs
products.
74. On information and belief, Costco's use of YETIs trade dress and/or colorable
least by the similarity of its infringing products to YETIs trade dress, Costcos infringement of
Count IX:
Common Law Unfair Competition
77. Costcos advertisements, marketing, promotions, offers to sell, sales, distribution,
constitute common law unfair competition, at least by palming off/passing off of Costco's goods,
by simulating YETIs trade dress and trademarks in an intentional and calculated manner that is
likely to cause consumer confusion as to origin and/or sponsorship/affiliation of Costcos
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. Costco has
23
also interfered with YETIs business.
entitled to protection under the common law. YETIs trade dress includes unique, distinctive,
and non-functional designs. YETIs trademarks are inherently distinctive. YETI has extensively
and continuously promoted and used YETIs trade dress and trademarks for years in the United
and trademarks have become well-known indicators of the origin and quality of YETIs
products. YETIs trade dress and trademarks have also acquired substantial secondary meaning
in the marketplace. Moreover, YETIs trade dress and trademarks acquired this secondary
meaning before Costco commenced its unlawful use of YETIs trade dress and trademarks in
connection with its infringing products.
79. Costco's use of YETIs trade dress and trademarks and/or colorable imitations
trademarks, Costco's infringement of YETIs other rights, and Costco's continuing disregard for
YETIs rights.
24
Count X:
Common Law Misappropriation
constitute common law misappropriation.
84. YETI created the 36 oz. Rambler Bottle covered by YETIs trade dress and
trademarks through extensive time, labor, effort, skill, and money. Costco has wrongfully used
YETIs trade dress and trademarks and/or colorable imitations thereof in competition with YETI
and gained a special advantage because Costco was not burdened with the expenses incurred by
YETI. Costco has commercially damaged YETI, at least by causing consumer confusion as to
origin and/or sponsorship/affiliation of Costco's infringing products, by creating the false and
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.
and non-functional designs. YETI has extensively and continuously promoted and used YETIs
trade dress and trademarks for years in the United States and the State of Illinois. Through that
extensive and continuous use, YETIs trade dress and trademarks have become well-known
indicators of the origin and quality of YETIs products. YETIs trade dress and trademarks have
also acquired substantial secondary meaning in the marketplace. Moreover, YETIs trade dress
and trademarks acquired this secondary meaning before Costco commenced its unlawful use of
YETIs trade dress and trademarks in connection with its infringing products.
25
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
YETIs trade dress and trademarks with YETI and YETIs products. Moreover, as a result of its
misappropriation, Costco 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 YETIs trade dress and trademarks with
YETI and YETIs products.
87. Costco's misappropriation of YETIs trade dress and trademarks and/or colorable
least by the similarity of its infringing products to YETIs trade dress and trademarks, Costcos
infringement of YETIs other rights, and Costcos continuing disregard for YETIs rights.
YETIs damages, Costcos profits, punitive damages, costs, and reasonable attorney fees.
Count XI:
Unjust Enrichment
manufacture, and/or importing of its infringing products, in direct competition with YETI,
constitute unjust enrichment, at least because Costco has wrongfully obtained benefits at YETIs
expense. Costco has also, inter alia, operated with an undue advantage.
91. YETI created the 36 oz. Rambler Bottle covered by YETIs trade dress and
26
trademarks through extensive time, labor, effort, skill, and money. Costco has wrongfully used
and are wrongfully using YETIs trade dress and trademarks, and/or colorable imitations thereof,
in competition with YETI, and have gained and are gaining a wrongful benefit by undue
advantage through such use. Costco has not been burdened with the expenses incurred by YETI,
yet Costco is obtaining the resulting benefits for its own business and products.
and non-functional designs. YETI has extensively and continuously promoted and used YETIs
trade dress and trademarks for years in the United States and the State of Illinois. Through that
extensive and continuous use, YETIs trade dress and trademarks have become well-known
indicators of the origin and quality of YETIs products. YETIs trade dress and trademarks have
also acquired substantial secondary meaning in the marketplace. Moreover, YETIs trade dress
and trademarks acquired this secondary meaning before Costco commenced its unlawful use of
YETIs trade dress and trademarks and colorable imitations thereof in connection with its
infringing products.
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
YETIs trade dress and trademarks with YETI and YETIs products. YETI accumulated this
goodwill and reputation through extensive time, labor, effort, skill, and investment. Costco has
wrongfully obtained and are wrongfully obtaining a benefit at YETIs expense by taking undue
advantage and free-riding on YETIs efforts and investments, and enjoying the benefits of
27
YETIs hard-earned goodwill and reputation.
94. Costco's unjust enrichment at YETIs expense has been intentional, willful, and
malicious. Costco's bad faith is evidenced at least by the similarity of its infringing products to
YETIs trade dress and trademarks, Costcos infringement of YETIs other rights, and Costcos
continuing disregard for YETIs rights.
Costco's profits.
Count XII:
Patent Infringement Under 35 U.S.C. 271
97. Costco has infringed and continues to infringe each of YETIs Bottle Patents at
least by using, offering to sell, selling, making, and/or importing Costcos infringing bottles,
which are covered by the claim of each of YETIs Bottle Patents.
98. Costcos acts of infringement have been without express or implied license by
YETI, are in violation of YETIs rights, and will continue unless enjoined by this Court.
99. On information and belief, Costco's infringement of each of YETIs Bottle
Patents has been, and continues to be, deliberate, intentional, and willful.
100. On information and belief, this is an exceptional case in view of Costco's
unlawful activities, including Costco's deliberate, intentional, and willful infringement.
101. YETI has been, is being, and will continue to be injured and has suffered, is
suffering, and will continue to suffer injury and damages for which it is entitled to relief under at
least 35 U.S.C. 281, 284, 285, and 289.
28
102. Costco 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 injunctive
relief under at least 35 U.S.C. 283.
Count XIII:
Copyright Infringement Under 17 U.S.C. 501
104. Based on the activities described above, including, for example, copying,
reproducing, making, displaying, distributing, using, and/or preparing derivative works of the
YETI RAMBLER 36 oz Bottle Labeland doing so to help advertise, promote, offer for sale,
sell, distribute, manufacture, and/or import its infringing productsCostco has infringed YETIs
copyrights in the YETI RAMBLER 36 oz Bottle Label in violation of at least 17 U.S.C. 501.
105. Costcos acts of infringement are willful. Costcos bad faith is evidenced at least
by Costcos direct copying of the YETI RAMBLER 36 oz Bottle Label, and Costco then using
these copies to, inter alia, advertise, promote, offer for sale, sell, distribute, manufacture, and/or
import Costcos drinkware. Costcos bad faith is further evidenced by Costcos infringement of
YETIs other rights, and Costcos continuing disregard for YETIs rights.
106. Each infringement by Costco of YETIs copyrighted works in the YETI
RAMBLER 36 oz Bottle Label constitutes a separate and distinct act of infringement.
107. Costcos infringement of YETIs copyrights has caused irreparable injury to
YETI.
YETIs actual damages and/or Costcos profits under 17 U.S.C. 504(b), or in the alternative
statutory damages under 17 U.S.C. 504(c), and costs at least under 17 U.S.C. 505.
29
Count XIV:
Deceptive Trade Practices Under 815 ILCS 510
110. Costcos advertisements, marketing, promotions, offers to sell, sales, distribution,
violates the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS 510, at least by palming
off/passing off of Costco's goods, by simulating YETIs trade dress and trademarks in an
intentional and calculated manner that is likely to cause consumer confusion as to origin and/or
sponsorship/affiliation of Costcos 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. Costco has also interfered with YETIs business.
and non-functional designs. YETIs trademarks are inherently distinctive. YETI has extensively
and continuously promoted and used YETIs trade dress and trademarks for years in the United
and trademarks have become well-known indicators of the origin and quality of YETIs
products. YETIs trade dress and trademarks have also acquired substantial secondary meaning
in the marketplace. Moreover, YETIs trade dress and trademarks acquired this secondary
meaning before Costco commenced its unlawful use of YETIs trade dress and trademarks in
connection with its infringing products.
30
trademarks, Costco's infringement of YETIs other rights, and by Costco's continuing disregard
for YETIs rights.
Costcos profits, YETIs actual damages, enhanced profits and damages, and reasonable attorney
fees under at least 815 ILCS 510.
Demand for Jury Trial
YETI hereby demands a jury trial on all issues so triable.
Relief Sought
WHEREFORE, Plaintiff respectfully prays for:
1. Judgment that Costco has (i) infringed YETIs registered trademarks in violation
of 1114(1) of Title 15 in the United States Code; (ii) infringed YETIs trademarks in violation
of 1125(a) of Title 15 in the United States Code; (iii) infringed YETIs trade dress in violation
of 1125(a) of Title 15 in the United States Code; (iv) diluted YETIs trademarks in violation of
1125(c) of Title 15 in the United States Code; (v) diluted YETIs trade dress in violation of
1125(c) of Title 15 in the United States Code; (vi) engaged in unfair competition and false
designation of origin in violation of 1125(a) of Title 15 in the United States Code; (vii)
violated YETIs common law rights in YETIs trademarks; (viii) violated YETIs common law
31
rights in YETIs trade dress; (ix) engaged in common law unfair competition; (x) engaged in
common law misappropriation; (xi) been unjustly enriched at YETIs expense; (xii) infringed
YETIs design patents in violation of 271 of Title 35 in the United States Code; (xiii) infringed
YETIs copyrights in violation of 501 of Title 17 in the United States Code (xiv) violated the
Illinois Uniform Deceptive Trade Practices Act, 815 ILCS 510, and that all of these wrongful
activities by Costco were willful;
2. A temporary restraining order, preliminary injunction and other injunctive relief
against further infringement and dilution of YETIs trademarks and trade dress, further acts of
unfair competition, misappropriation, and unjust enrichment, further infringement of YETIs
design patents, and further infringement of YETIs copyrights by Costco, 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 YETIs trademarks, trade dress, copyrights, and/or
design patents, pursuant to at least 15 U.S.C. 1116, 17 U.S.C. 502, 35 U.S.C. 283, and 815
ILCS 510;
3. An Order that Costco pay YETI for all profits and damages resulting from
Costcos infringing activities and that the award to YETI be trebled, as provided for under 15
U.S.C. 1117, or, at YETIs election, that YETI be awarded statutory damages from Costco in
the amount of $2,000,000.00 per counterfeit mark per type of goods sold, as provided by at least
15 U.S.C. 1117(c);
4. An Order directing Costco to recall all infringing products sold and/or distributed
and provide a full refund for all recalled infringing products;
32
5. An Order directing the destruction of (i) all infringing products, including all
recalled infringing products, (ii) any other products that use a copy, reproduction, or colorable
imitation of YETIs trademarks or trade dress or that infringe YETIs copyrights or design
patents in Costcos possession or control, (iii) all plates, molds, and other means of making the
infringing products in Costcos possession, custody, or control, and (iv) all advertising materials
related to the infringing products in Costcos possession, custody, or control, including on the
Internet, pursuant to at least 15 U.S.C. 1118;
6. An Order directing Costco to publish a public notice providing proper attribution
of YETIs trademarks and trade dress to YETI, and to provide a copy of this notice to all
customers, distributors, and/or others from whom the infringing products are recalled;
7. An Order barring importation of the infringing products and/or colorable
imitations thereof into the United States, and barring entry of the infringing products and/or
colorable imitations thereof into any customhouse of the United States, pursuant to at least 15
U.S.C. 1125(b);
8. An award of Costcos profits, YETIs actual damages, enhanced damages,
exemplary damages, costs, prejudgment and post judgment interest, and reasonable attorney fees
pursuant to at least 15 U.S.C. 1114(1), 1125(a), 1125(c), 1116, and 1117 and 815 ILCS 510;
9. An award of YETIs actual damages and/or Costcos profits, or in the alternative
statutory damages under, and costs pursuant to 17 U.S.C. 504(b, c) and 505;
10. An award of damages to compensate YETI for the patent infringements that have
occurred pursuant to 35 U.S.C. 284, and/or an award of Costcos profits from their patent
infringements pursuant to 35 U.S.C. 289, together with prejudgment interest and costs and
reasonable attorney fees, pursuant at least to 35 U.S.C. 284 and 285; and
33
11. Such other and further relief as this Court deems just and proper.
Dated: September 28, 2017 Respectfully submitted,
By: /s/ Joseph J. Berghammer

Joseph J. Berghammer
Illinois Bar No. 6273690
jberghammer@bannerwitcoff.com
Marc S. Cooperman
mcooperman@bannerwitcoff.com
John A. Webb, Jr.
jwebb@bannerwitcoff.com
Banner & Witcoff, Ltd.
Ten South Wacker Drive
Suite 3000
Chicago, IL 60606-7407
Telephone: (312) 463-5000
Facsimile: (312) 463-5001
ATTORNEYS FOR YETI COOLERS, LLC
34
Case: 1:17-cv-07025 Document #: 1-1 Filed: 09/28/17 Page 1 of 2 PageID #:35
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
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
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR
OWNER OF U.S. REG. NO. 4831955, 4871725
SER. NO. 86-908,950, FILED 02-16-2016

NANCY G ULRICH, EXAMINING ATTORNEY
REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
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.
Requirements in Successive Ten-Year Periods*

What and When to File:
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.*
Grace Period Filings*
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.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. 1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. 1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
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
EXHIBIT 5
EXHIBIT 6
US00D760586S
(12) United States Design Patent do Patent No.: US D760,586 S

Seiders et al. (45) Date of Patent: : Jul. 5, 2016
(54) LID CPC ... B65D 47/122; B65D 47/305; B65D 23/00;
: ~~~ +. - B65D 1/00, B65D 1/02; B65D 1/0223;
(71) Applicant: YETI cor lic An TX (US) B65D 50/041; B65D 25/18: B65D 51/242:
(72) Inventors: Roy Joseph Seiders, Austin, TX (US); B65D 39/08, A47G 19/00; A47G 19/2272;
Steve Nichols, Austin, TX (US); A47F 3/14: A45F 3/16: A47J 41/00
Matthew Joseph Petrillo, Austin, TX See application file for complete search history.
(US) (56) References Cited
(73) Assignee: YETI Coolers, LLC, Austin, TX (US) |U.S. PATENT DOCUMENTS
(**) Term: 15 Years
(21) Appl No.: 29/544.220
- - - - -- s
D154,378 S 7/1949 Fuller
(22) Filed: Oct. 30, 2015 (Continued)
(51) LOC (10) Cl. ................................................ 09-07 FOREIGN PATENT DOCUMENTS
(52) U.S. CI.
USPC .......... D9/443; D7/392.1; D7/396.2, D9/434; CN 301 110494 * 1/2010
D9/435; D9/436; D9/454 (Continued)
(58) Field of Classification Search OTHER PUBLICATIONS
USPC .............. D3/10, 202, 203.1, 203.2, 273, 275,
D3/291, 294,318; D4/127, 129; D7/300. Yeti 36 oz. Rambler: Announced Jan. 11, 2016 |online], site visited
D7/300.1, 313, 316, 317, 318, 387, 391, [May 10, 2016]. Available from Internet URL: http://yeticoolers.
D7/392.1, 393, 394, 396.2, 398, 402, 503, com/rambler-bottle-36-oz/.*
D7/505, 507, 509, 510, 511, 513, 523531, (Continued)
D7/533, 538, 541, 542, 549, 590, 605, 608,
D7/629, 672, 703, 900; D8/300, 302,303, Primary Examiner Sheryl Lane
D8/306, 307, 308, 310, 315, 333, 349, 350, Assistant Examiner Catherine Posthauer
D8/352, 354, 356, 382, 383, 394, 395; (74) Attorney, Agent, or Firm Banner & Witcoff, Ltd.
D9/418, 434440, 443450, 452454, (57) CLAIM
D9/502, 503, 504, 516, 517, 529, 530, 531, The ornamental design for a lid, as shown and described.
D9/534, 538, 682, 686, 688, 715, 718; DESCRIPTION
D10/46.2: D11/26, 35, D12/218;
D13/103, 106, 118, 133, 154, 158, 183, FIG. 1 is a top, front, right perspective view of a lid showing
D13/703: D19/70, 71, 115, 162, 163, 165, our new design;
D19/192, 194; D24/121, 127, 197, 224, 36, FIG. 2 is a front view thereof;
D24/123, 124; D29/129, 130: D30/158, FIG. 3 is a rear view thereof;
D30/159; D32/23, 24, 25, 34, 72, D34/7, FIG. 4 is a right side view thereof;
D34/10, 11, 28; 215/200, 201, 205, 206, FIG. 5 is a left side view thereof.
215/209, 21 1, 212, 217, 218, 222, 224, 228, FIG. 6 is a top view thereof; and,
215/230, 232, 270, 295, 329, 341, 344, FIG. 7 is a bottom view thereof.
215/350.3: 220/212, 212.5, 220, 236, 253, The broken lines represent environmental subject matter and
220/254.3, 288, 293, 294, 300, 324, 529.16, parts of the lid that form no part of the claimed design.
220/592.17, 574, 575, 700, 703, 705;
222/148, 153.1, 182, 567 1 Claim, 4 Drawing Sheets
US D760,586 S
Page 2
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D572,585 S 7/2008 Perrin et al. D735,578 S + 8/2015 Mazurkiewicz ............... D9/443
D603,331 S + 1 1/2009 Schupp ........................ D13/103 D754,472 S + 4/2016 Munari .......................... D7/393
D604,561 S 11/2009 Chisholm 2011/0186585 A1 * 8/2011 Lu ........................... A47J 41/00
D612,235 S 3/2010 Cresswell et al. 220/575
D614,918 S 5/2010 Chisholm 2014/0353275 A1* 12/2014 Hung ................... B65D 47/305
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D622,089 S 8/2010 Daniel et al. WO D088688-002 * 1/2016
D626,416 S 11/2010 Cresswell et al.
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D627,602 S 11/2010 Eyal
D628,486 S 12/2010 Lane Kold Vacuum Insulated Stainless Steel Sports Bottle: Announced
B. :}; }}}} #. ?et ai." D7/629
5 II.In el all.
Dec. 8, 2015 [online], site visited [May 11, 2016). Available from
. .
D633,338 S 3/2011 Rosbach et al. Internet URL: http://www.amazon.com/KOLD-Sports-Water
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D651,847 S 1/2012 Gilbert * cited by examiner
U.S. Patent Jul. 5, 2016 Sheet 1 of 4 US D760,586 S
Fig. 4



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YETI Coolers v. Costco - Complaint

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YETI Coolers v. Costco - Complaint

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Case: 1:17-cv-07025 Document #: 1 Filed: 09/28/17 Page 1 of 34 PageID #:1

UNITED STATES DISTRICT COURT

YETI Coolers, LLC, Case No. 17-cv-7025

Plaintiff, COMPLAINT FOR DAMAGES AND

Jury Trial Demanded

Corp. (Costco), alleges as follows:

Jurisdiction and Venue

3. This is a complaint for damages and injunctive relief based on Costcos

of origin, misappropriation, unjust enrichment, patent infringement, and copyright infringement.

and state common law, including the law of Illinois.

15 U.S.C. 1121(a) and 28 U.S.C. 1331, 1338(a), and 1367(a).

purchasers in Illinois, including in this District.

6. Venue is proper in this District pursuant to at least 28 U.S.C. 1391(a)-(d) and

General Allegations YETIs Intellectual Property

featured in numerous newspaper, magazine, and Internet articles.

associate with YETI.

Illustration 1: Exemplary Images of a YETI 36 oz. Rambler Bottle.

other and to other features.

including close to a million of YETIs 36 oz. Rambler Bottle.

i. Trademark Registration No. 3,203,869 (the 869 Registration) for YETI

for portable coolers;

iii. Trademark Registration No. 4,998,897 (the 897 Registration) for

RAMBLER for jugs;

iv. Trademark Registration No. 5,233,441 (the 441 Registration) for

RAMBLER for beverageware, cups, drinking glasses, tumblers for use as

drinking vessels, jugs, mugs, temperature-retaining drinking vessels, storage

glasses, stainless steel beverageware, drinking straws;

v. Trademark Registration No. 4,871,725 (the 725 Registration) for YETI

RAMBLER COLSTER for stainless steel drink holders.

trademarks as source identifiers of YETI.

i. U.S. Design Patent No. D760,586 (the 586 patent);

ii. U.S. Design Patent No. D780,577 (the 577 patent);

iii. U.S. Design Patent No. D781,145 (the 145 patent);

iv. U.S. Design Patent No. D781,146 (the 146 patent);

v. U.S. Design Patent No. D783,367 (the 367 patent);

vii. U.S. Design Patent No. D784,775 (the 775 patent).

Patents. Copies of these patents are attached as Exhibits 6-12.

shown in Illustration 2 below.

Illustration 2: YETI RAMBLER 36 oz Bottle Label Submitted to Copyright Office

General Allegations Costcos Unlawful Activities

Costcos actions have all been without the authorization of YETI.

YETIs legitimate bottle products are shown below:

Illustration 3: Exemplary Images of Costcos Illustration 4: Exemplary Images of

products on the other hand.

Costco commenced its unlawful use of YETIs trade dress.

RAMBLER, trademarks, including through counterfeits, reproductions, copies, and/or

trading on YETIs goodwill.

25. As a result of Costcos activities related to use of YETIs YETI and

RAMBLER trademarks, including through counterfeits, reproductions, copies, and/or

before Costco commenced its unlawful use of YETIs trademarks.

YETIs products and unlawful use of YETIs trademarks.

unfair and unlawful.

Registration, and/or colorable imitations thereof in connection with advertising, promoting,

trademarks, including through counterfeits, reproductions, copies, and/or colorable imitations

thereof is likely to cause confusion, or to cause mistake, or to deceive.

trademarks, including through counterfeits, reproductions, copies, and/or colorable imitations

under at least 15 U.S.C. 1114(1), 1116, and 1117.

33 as though fully set forth herein.

YETIs trademarks, including YETI, RAMBLER, and/or colorable imitations thereof,

otherwise associated with YETI.

unlawful use of YETIs trademarks in connection with the infringing products.

37. Costco's use of YETIs trademarks, including through counterfeits, reproductions,

associated with YETIs trademarks, YETIs products, and YETI.

and Costco's continuing disregard for YETIs rights.