Remember how YETI Coolers sued Wal-Mart over infringing on drinkware patents? Well, the high-end outdoor product company is taking legal action again, this time suing two companies for making products that are “confusingly similar” to its own.
YETI Coolers filed a suit last week against Axis Cups and Bayou Ice Boxes, hoping to force the two companies to recall and redesign their existing products, according to the Austin American-Statesman. The company filed both cases in the U.S. District Court in Austin, Texas.
In addition to the Wal-Mart case, it settled a similar case against RTIC. As a result, RTIC can no longer make or sell the “offending” products, and has until May 1 to sell any coolers or thermal mugs in stock.
For this case, YETI Coolers argued that Axis Cups and Bayou Ice Boxes “purposely advertised, promoted, offered for sale, sold and/or distributed, and continue to advertise, promote, offer for sale, sell and/or distributors coolers and drinkware that violate YETI’s rights, including the rights protected by its intellectual property.”
For comparison, a 50 qt. YETI Tundra 50 cooler goes for $379.99 retail, while the Bayou Cooler 50, which is one of the products YETI said infringes on its intellectual property, goes for about $250.
“YETI’s trade dress became famous and acquired secondary meaning in the United States and in the state of Texas generally, and in geographic areas in Texas before [Axis Cups and Bayou Ice Boxes] commenced unlawful use of YETI’s trade dress,” the suit said, according to the Austin American-Statemean.
Not only does the cooler giant want the companies to recall the offending products, it wants them to refund customers and destroy the products, along with advertising and manufacturing materials.
In the suit, it is seeking both companies’ profits, damages, costs, pre- and post-judgment interest and “reasonable attorney fees.”
The two parties have not set a date for trial yet, but we will follow this story as it develops.
