Remember a few weeks ago when Austin, Texas-based YETI Coolers took two companies to court for making and selling “confusingly similar” products? Well, folks, it’s happening again.
YETI is suing Home Depot USA and Takeya USA Corp. in federal court in Austin this week, according to the Austin American-Statesman.
According to the lawsuit, Home Depot has been selling Takeya-branded drinkware that looks suspiciously like YETI’s 20 oz. and 30 oz. Rambler tumblers. Takeya items are also available at national retailers, like Target and The Vitamin Shoppe.
“YETI has invested significant resources in the design, development, manufacture, advertising and marketing of the Rambler drinkware,” the suit says, according to the Austin American-Statesman. “The design and features of the Rambler drinkware have received widespread and unsolicited public attention. For example, the Rambler drinkware have been featured in numerous newspaper, magazine and internet articles.”
YETI also claimed that its trade dress rights for the Rambler cover “the design and appearance of the curves, tapers and lines,” “the design and appearance of the rim” and “the design, appearance and placement of the drinking opening on the lid.”
The company is seeking a jury trial for the charges of trade dress infringement, trade dress dilution, unfair competition, misappropriation and unjust enrichment.
A trial date has not been set, but YETI has sought an injunction to stop Home Depot and Takeya from selling the products. It also wants the companies to recall the products that already have been sold, destroy them, and remunerate profits, damages, costs, pre-judgment and post-judgment interest, and “reasonable attorney fees.”
