After a 10-month court case and two-week trial, a federal court in New York unanimously ruled in favor of ETS Express, which had been sued by Can’t Live Without It LLC, doing business as S’Well Bottle, for trademark infringement.
The jury decided on March 29 that ETS Express is not liable on all counts, citing that bottles like the one in question in this case existed before S’well launched its product eight years ago.
“A company can’t simply take an existing design, put its name on it, and claim its theirs,” Sharon Eyal, CEO of ETS Express, said in a press release.
ETS Express initially received a cease-and-desist letter regarding its h2go Force bottle in 2014, but then didn’t hear anything else until S’well sued in May 2017. ETS maintained its position that the bottle’s design was generic enough, since others in the promotional space offered similar designs.
“I feel very vindicated that the jury ruled in ETS’s favor, and that we were able to deliver a win for the industry,” Eyal added.
For more information on ETS Express, visit www.etsexpress.com.
