Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 1 of 21
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
` Case No. 1:23-cv-00079
`
`COMPLAINT FOR DAMAGES AND
`INJUNCTIVE RELIEF FOR:
`
`
`(1) TRADE DRESS INFRINGEMENT IN
`VIOLATION OF 15 U.S.C. § 1125(a);
`(2) TRADE DRESS INFRINGEMENT IN
`VIOLATION OF 15 U.S.C. § 1125(a);
`(3) TRADE DRESS DILUTION IN
`VIOLATION OF 15 U.S.C. § 1125(c);
`(4) TRADE DRESS DILUTION IN
`VIOLATION OF 15 U.S.C. § 1125(c);
`(5) UNFAIR COMPETITION AND FALSE
`DESIGNATION OF ORIGIN IN
`VIOLATION OF 15 U.S.C. § 1125(a);
`and
`(6) UNFAIR COMPETITION AND FALSE
`DESIGNATION OF ORIGIN IN
`VIOLATION OF 15 U.S.C. § 1125(a).
`
`
`Jury Trial Demanded
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`YETI Coolers, LLC,
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`
`Plaintiff,
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`
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`v.
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`Love Deals Inc., and
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`Endliss Technology Inc.,
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`Defendants.
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 2 of 21
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`COMPLAINT
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`Plaintiff, YETI Coolers, LLC (“YETI”), for its complaint against Defendants, Love Deals
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`Inc. (“Love Deals”) and Endliss Technology Inc. (Love Deals and Endliss collectively,
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`“Defendants”), alleges as follows:
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`The Parties
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`1.
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`YETI is a company organized and existing under the laws of the State of Delaware
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`with a principal place of business at 7601 Southwest Parkway, Austin, TX 78735.
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`2.
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`On information and belief, Love Deals is a California corporation having a place of
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`business at 34972 Newark Blvd, Suite 160, Newark, CA 94560.
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`3.
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`On information and belief, Love Deals has an “Active” “Right to Transact Business
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`in Texas,” and a Registered Agent with a Registered Office at 815 Brazos St., Suite 500, Austin,
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`TX 78701.
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`4.
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`On information and belief, Love Deals has an assigned Texas taxpayer number of
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`32064830683.
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`5.
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`On information and belief, Endliss is a California corporation having a place of
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`business at 30773 Wiegman Road, Hayward, CA 94544.
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`6.
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`On information and belief, Endliss has an assigned Texas taxpayer number of
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`32075857162.
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`7.
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`8.
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`On information and belief, Endliss and Love Deals are related corporate entities.
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`On information and belief, both Endliss and Love Deals have a place of business
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`or address at 30773 Wiegman Rd, Hayward, CA 94544.
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`9.
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`On information and belief, Endliss and Love Deals have or have previously had a
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`common registered agent, including, as an example, Weiguang Huang.
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 3 of 21
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`10.
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`On information and belief, Love Deals and Endliss have or have previously had at
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`least one common officer, including, as an example, Sen Cai.
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`Jurisdiction and Venue
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`11.
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`This is an action for trade dress infringement, trade dress dilution, and unfair
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`competition and false designation of origin. This complaint arises under the Trademark Act of
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`1946, 15 U.S.C. § 1051, et seq. (“the Lanham Act”).
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`12.
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`This Court has subject matter jurisdiction over this action pursuant to at least 15
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`U.S.C. § 1121(a) and 28 U.S.C. §§ 1331, 1338(a) & (b), and 1367(a).
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`13.
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`This Court has personal jurisdiction over Defendants because, inter alia,
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`Defendants are purposefully and intentionally availing themselves of the privileges of doing
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`business in the State of Texas, including in this District.
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`14.
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`Among other things, (i) on information and belief, Love Deals has an assigned
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`Texas taxpayer number of 32064830683, Endliss has an assigned Texas taxpayer number of
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`32075857162, and at least Love Deals has an “Active” “Right to Transact Business in Texas” and
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`has a Registered Agent with a Registered Office at 815 Brazos St., Suite 500, Austin, TX 78701,
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`(ii) Defendants have advertised, marketed, promoted, offered for sale, sold, distributed,
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`manufactured, and/or imported, and continue to advertise, market, promote, offer for sale, sell,
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`distribute, manufacture, and/or import, Infringing Drinkware to customers and/or potential
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`customers, in the State of Texas and in this District and elsewhere, at least through Defendants’
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`websites and internet storefronts, (iii) Defendants’ tortious acts giving rise to this lawsuit and harm
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`to YETI have occurred and are occurring in the State of Texas, including in this District, (iv)
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`Defendants’ customers and/or potential customers reside in the State of Texas, including in this
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`District, (v) Defendants’ actions are causing confusion and dilution in the State of Texas, including
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`in this District; and (vi) on information and belief, Defendants acted with knowledge that their
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 4 of 21
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`unauthorized use of YETI’s rights would cause harm to YETI in the State of Texas and in this
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`District.
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`15.
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`Venue is proper in this District pursuant to at least 28 U.S.C. §§ 1391(a)-(d).
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`General Allegations – YETI’s Intellectual Property
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`16.
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`For years, YETI has continuously engaged in the design, development,
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`manufacture, promotion, and sale of its insulated drinkware products, including its 20 oz.
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`Rambler® Tumbler and 30 oz. Rambler® Tumbler. YETI created unique, distinctive, and non-
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`functional designs to use with YETI’s 20 oz. and 30 oz. Rambler® Tumblers. YETI has
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`extensively and continuously promoted and used its designs for its 20 oz. and 30 oz. Rambler®
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`Tumblers for years in the United States and in Texas. Through that extensive and continuous
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`promotion and use, YETI’s designs have become a well-known indicator of the origin and quality
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`of YETI’s 20 oz. and 30 oz. Rambler® Tumblers. YETI’s designs also have acquired substantial
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`secondary meaning in the marketplace and have become famous. As discussed in more detail
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`below, YETI owns trade dress rights relating to its 20 oz. Rambler® Tumblers (“YETI’s 20 Trade
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`Dress”) and trade dress rights relating to its 30 oz. Rambler® Tumblers (“YETI’s 30 Trade
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`Dress”). YETI’s 20 Trade Dress and YETI’s 30 Trade Dress are collectively referred to herein as
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`“YETI’s Tumbler Trade Dress.”
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`17.
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`YETI has enjoyed significant sales of its 20 oz. and 30 oz. Rambler® Tumblers
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`throughout the United States, including sales to customers in the State of Texas. YETI has invested
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`significant resources in the design, development, manufacture, advertising, and marketing of its
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`20 oz. and 30 oz. Rambler® Tumblers. The designs and features of YETI’s 20 oz. and 30 oz.
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`Rambler® Tumblers have received widespread and unsolicited public attention. For example,
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`YETI’s 20 oz. and 30 oz. Rambler® Tumblers have been featured in numerous newspaper,
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`magazine, and Internet articles, including in the State of Texas.
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 5 of 21
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`18.
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`The designs of YETI’s 20 oz. and 30 oz. Rambler® Tumblers are distinctive and
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`non-functional and identify to consumers that the origin of YETI’s 20 oz. and 30 oz. Rambler®
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`Tumblers is YETI. As a result of at least YETI’s continuous and extensive use of the designs of
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`its 20 oz. and 30 oz. Rambler® Tumblers, YETI’s marketing, advertising, and sales of its 20 oz.
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`and 30 oz. Rambler® Tumblers, and the highly valuable goodwill, substantial secondary meaning,
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`and fame acquired as a result, YETI owns trade dress rights in the design and appearance of its 20
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`oz. and 30 oz. Rambler® Tumbler, which consumers have come to uniquely associate with YETI.
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`19.
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`Exemplary images of YETI 20 oz. Rambler® Tumblers are shown below:
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`Illustration 1: Exemplary Images of YETI 20 oz. Rambler® Tumblers
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`20.
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`YETI has trade dress rights in the overall look, design, and appearance of the YETI
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`20 oz. Rambler® Tumbler, which includes the design and appearance of the curves, tapers, and
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`lines in the YETI 20 oz. Rambler® Tumbler; the design and appearance of the profile of the YETI
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`20 oz. Rambler® Tumbler; the design and appearance of the walls of the YETI 20 oz. Rambler®
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`Tumbler; the design and appearance of the rim of the YETI 20 oz. Rambler® Tumbler; the design,
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`appearance, and placement of the taper in the side wall of the YETI 20 oz. Rambler® Tumbler;
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 6 of 21
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`the design, appearance, and placement of the style line around the base of the YETI 20 oz.
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`Rambler® Tumbler; the design, appearance, and placement of the tab on the lid of the YETI 20
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`oz. Rambler® Tumbler; the design, appearance, and placement of the drinking opening on the lid
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`of the YETI 20 oz. Rambler® Tumbler; the design, appearance, and placement of the top plane of
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`the lid of the YETI 20 oz. Rambler® Tumbler; the design, appearance, and placement of the side
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`walls of the lid of the YETI 20 oz. Rambler® Tumbler; the color contrast and color combinations
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`of the YETI 20 oz. Rambler® Tumbler and tumbler lid of the YETI 20 oz. Rambler® Tumbler;
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`and the relationship of these features to each other and to other features.
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`21.
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`Exemplary images of YETI 30 oz. Rambler® Tumblers are shown below:
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`Illustration 2: Exemplary Images of YETI 30 oz. Rambler® Tumblers
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`       
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`22.
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`YETI has trade dress rights in the overall look, design, and appearance of the YETI
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`30 oz. Rambler® Tumbler, which includes the design and appearance of the curves, tapers, and
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`lines in the YETI 30 oz. Rambler® Tumbler; the design and appearance of the profile of the YETI
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`30 oz. Rambler® Tumbler; the design and appearance of the walls of the YETI 30 oz. Rambler®
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`Tumbler; the design and appearance of the rim of the YETI 30 oz. Rambler® Tumbler; the design,
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 7 of 21
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`appearance, and placement of the taper in the sidewall of the YETI 30 oz. Rambler® Tumbler; the
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`design, appearance, and placement of the upper portion, mid portion, and bottom portion of the
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`side wall of the YETI 30 oz. Rambler® Tumbler; the design, appearance, and placement of the
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`style line around the base of the YETI 30 oz. Rambler® Tumbler; the design, appearance, and
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`placement of the tab on the lid of the YETI 30 oz. Rambler® Tumbler; the design, appearance,
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`and placement of the drinking opening on the lid of the YETI 30 oz. Rambler® Tumbler; the
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`design, appearance, and placement of the top plane of the lid of the YETI 30 oz. Rambler®
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`Tumbler; the design, appearance, and placement of the side walls of the lid of the YETI 30 oz.
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`Rambler® Tumbler; the color contrast and color combinations of the YETI 30 oz. Rambler®
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`Tumbler and tumbler lid of the YETI 30 oz. Rambler® Tumbler; and the relationship of these
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`features to each other and to other features.
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`23.
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`As a result of YETI’s extensive, continuous, and substantial use, advertising, and
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`sales of its 20 oz. Rambler® Tumblers bearing YETI’s 20 Trade Dress and of its 30 oz. Rambler®
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`Tumblers bearing YETI’s 30 Trade Dress, and the publicity and attention that has been paid to
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`YETI’s Tumbler Trade Dress, YETI’s Tumbler Trade Dress has become famous and has acquired
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`valuable goodwill and substantial secondary meaning in the marketplace, as consumers have come
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`to associate YETI’s Tumbler Trade Dress as a source identifier of YETI.
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`General Allegations – Defendants’ Unlawful Activities
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`24.
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`Defendants have purposefully advertised, marketed, promoted, offered for sale,
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`sold, distributed, manufactured, and/or imported, and continue to purposefully advertise, market,
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`promote, offer for sale, sell, distribute, manufacture, and/or import, products that violate YETI’s
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`rights, including YETI’s trade dress rights. Defendants’ infringing products are confusingly
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`similar imitations of YETI’s products. Defendants’ actions have all been without the authorization
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`of YETI.
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`25.
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`As discussed in more detail below, Defendants are selling drinkware products that
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`infringe YETI’s trade dress rights. Defendants are trying to confuse consumers into thinking that
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`their drinkware products are associated with, sponsored by, or approved by YETI, when they are
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`not. Defendants’ actions are unlawful, and they must stop. Defendants must also compensate
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`YETI for Defendants’ violations of the law.
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`26.
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`Defendants’ infringing products include 20 oz. tumbler products (the “Infringing
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`20 oz. Tumblers”) and 30 oz. tumbler products (the “Infringing 30 oz. Tumblers”) (Infringing 20
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`oz. Tumblers and Infringing 30 oz. Tumblers, collectively, the “Infringing Drinkware”).
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`Exemplary images of the Infringing Drinkware are shown below:
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`Illustration 3: Exemplary Images of the Infringing 20 oz. Tumblers
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 9 of 21
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`Illustration 4: Exemplary Images of the Infringing 30 oz. Tumblers
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`27.
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`On information and belief, Defendants have directly or indirectly advertised,
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`promoted, offered to sell, sold, distributed, manufactured, and/or imported Infringing Drinkware,
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`including at least through a variety of websites, internet storefronts, and social media.  
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`28.
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`As a result of Defendants’ activities related to the Infringing Drinkware, there is a
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`likelihood of confusion between Defendants and their Infringing Drinkware on the one hand, and
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`YETI and YETI’s 20 oz. and 30 oz. Rambler® Tumblers on the other hand.
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`29.
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`YETI used its Tumbler Trade Dress extensively and continuously before
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`Defendants began advertising, promoting, offering to sell, selling, distributing, manufacturing,
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`and/or importing into the United States the Infringing Drinkware. Moreover, YETI’s Tumbler
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`Trade Dress became famous and acquired secondary meaning in the United States and in the State
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`of Texas generally and in geographic areas in Texas before Defendants commenced their unlawful
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`use of YETI’s Tumbler Trade Dress. YETI’s Tumbler Trade Dress is currently famous and has
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`secondary meaning in the United States and in the State of Texas generally and in geographic areas
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`in Texas.
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 10 of 21
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`30.
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`In short, the Defendants’ conduct shows that Defendants were aware of YETI, of
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`YETI’s insulated drinkware products, including YETI’s 20 oz. and 30 oz. Rambler® Tumblers,
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`and that Defendants targeted YETI and purposefully intended to harm and did harm YETI and
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`consumers, and that Defendants’ unlawful activities have been intentional, willful, and malicious.
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`Count I:
`Trade Dress Infringement under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)
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`YETI realleges and incorporates the allegations set forth in paragraphs 1 through
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`31.
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`30 as though fully set forth herein.
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`32.
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`Defendants’ advertisements, promotions, offers to sell, sales, distribution,
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`manufacture, and/or importing of the Infringing 20 oz. Tumblers violate § 43(a) of the Lanham
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`Act, 15 U.S.C. § 1125(a), by infringing YETI’s 20 Trade Dress. Defendants’ use of YETI’s 20
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`Trade Dress 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 Defendants with YETI and as to the origin,
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`sponsorship, and/or approval of the Infringing 20 oz. Tumblers, at least by creating the false and
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`misleading impression that the Infringing 20 oz. Tumblers are manufactured by, authorized by, or
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`otherwise associated with YETI.
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`33.
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`YETI’s 20 Trade Dress is entitled to protection under the Lanham Act. YETI’s 20
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`Trade Dress includes unique, distinctive, and non-functional designs. YETI has extensively and
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`continuously promoted and used YETI’s 20 Trade Dress in the United States. Through that
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`extensive and continuous use, YETI’s 20 Trade Dress has become a well-known indicator of the
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`origin and quality of YETI’s 20 oz. Rambler® Tumbler. YETI’s 20 Trade Dress has also acquired
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`substantial secondary meaning in the marketplace. Moreover, YETI’s 20 Trade Dress acquired
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`this secondary meaning before Defendants commenced their unlawful use of YETI’s 20 Trade
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`Dress in connection with the Infringing 20 oz. Tumblers and YETI’s 20 Trade Dress has secondary
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`meaning today.
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`34.
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`Defendants’ use of YETI’s 20 Trade Dress and/or colorable imitations thereof has
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`caused and, unless enjoined, will continue to cause substantial and irreparable injury to YETI for
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`which YETI has no adequate remedy at law, including at least substantial and irreparable injury to
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`the goodwill and reputation for quality associated with YETI’s 20 Trade Dress, YETI’s 20 oz.
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`Rambler® Tumbler, and YETI.
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`35.
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`Defendants’ use of YETI’s 20 Trade Dress and/or colorable imitations thereof has
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`been intentional, willful, and malicious. Defendants’ bad faith is evidenced at least by the
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`similarity of the Infringing 20 oz. Tumblers to YETI’s 20 Trade Dress and by Defendants’
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`continuing disregard for YETI’s rights.
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`36.
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`YETI is entitled to injunctive relief, and YETI is entitled to recover at least
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`Defendants’ profits, YETI’s actual damages, enhanced damages, costs, and reasonable attorney
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`fees under at least 15 U.S.C. §§ 1125(a), 1116, and 1117.
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`Count II:
`Trade Dress Infringement under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)
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`37.
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`YETI realleges and incorporates the allegations set forth in paragraphs 1 through
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`36 as though fully set forth herein.
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`38.
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`Endliss’s advertisements, promotions, offers
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`to sell, sales, distribution,
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`manufacture, and/or importing of the Infringing 30 oz. Tumblers violate § 43(a) of the Lanham
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`Act, 15 U.S.C. § 1125(a), by infringing YETI’s 30 Trade Dress. Endliss’s use of YETI’s 30 Trade
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`Dress and/or colorable imitations thereof is likely to cause confusion, mistake, or deception as to
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`the affiliation, connection, and/or association of Endliss with YETI and as to the origin,
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`sponsorship, and/or approval of the Infringing 30 oz. Tumblers, at least by creating the false and
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 12 of 21
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`misleading impression that the Infringing 30 oz. Tumblers are manufactured by, authorized by, or
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`otherwise associated with YETI.
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`39.
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`YETI’s 30 Trade Dress is entitled to protection under the Lanham Act. YETI’s 30
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`Trade Dress includes unique, distinctive, and non-functional designs. YETI has extensively and
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`continuously promoted and used YETI’s 30 Trade Dress in the United States. Through that
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`extensive and continuous use, YETI’s 30 Trade Dress has become a well-known indicator of the
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`origin and quality of YETI’s 30 oz. Rambler® Tumblers. YETI’s 30 Trade Dress has also acquired
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`substantial secondary meaning in the marketplace. Moreover, YETI’s 30 Trade Dress acquired
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`this secondary meaning before Endliss commenced its unlawful use of YETI’s 30 Trade Dress in
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`connection with the Infringing 30 oz. Tumblers and YETI’s 30 Trade Dress has secondary meaning
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`today.
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`40.
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`Endliss’s use of YETI’s 30 Trade Dress and/or colorable imitations thereof has
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`caused and, unless enjoined, will continue to cause substantial and irreparable injury to YETI for
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`which YETI has no adequate remedy at law, including at least substantial and irreparable injury to
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`the goodwill and reputation for quality associated with YETI’s 30 Trade Dress, YETI’s 30 oz.
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`Rambler® Tumbler, and YETI.
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`41.
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`Endliss’s use of YETI’s 30 Trade Dress and/or colorable imitations thereof has
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`been intentional, willful, and malicious. Endliss’s bad faith is evidenced at least by the similarity
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`of the Infringing 30 oz. Tumblers to YETI’s 30 Trade Dress and by Endliss’s continuing disregard
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`for YETI’s rights.
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`42.
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`YETI is entitled to injunctive relief, and YETI is entitled to recover at least
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`Endliss’s profits, YETI’s actual damages, enhanced damages, costs, and reasonable attorney fees
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`under at least 15 U.S.C. §§ 1125(a), 1116, and 1117.
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 13 of 21
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`Count III:
`Trade Dress Dilution under § 43(c) of the Lanham Act, 15 U.S.C. § 1125(c)
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`YETI realleges and incorporates the allegations set forth in paragraphs 1 through
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`43.
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`42 as though fully set forth herein.
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`44.
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`Based on the activities described above, including, for example, Defendants’
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`advertising, marketing, promoting, offering for sale, selling, distributing, manufacturing, and/or
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`importing the Infringing 20 oz. Tumblers, Defendants are likely to dilute, have diluted, and
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`continue to dilute YETI’s famous YETI’s 20 Trade Dress in violation of § 43(c) of the Lanham
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`Act, 15 U.S.C. § 1125(c). Defendants’ use of YETI’s 20 Trade Dress and/or colorable imitations
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`thereof is likely to cause, and has caused, dilution of YETI’s famous YETI’s 20 Trade Dress at
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`least by eroding the public’s exclusive identification of YETI’s famous YETI’s 20 Trade Dress
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`with YETI and YETI’s 20 oz. Rambler® Tumblers, by lessening the capacity of YETI’s famous
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`YETI’s 20 Trade Dress to identify and distinguish YETI’s 20 oz. Rambler® Tumblers, by
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`associating YETI’s 20 Trade Dress with products of inferior quality, and by impairing the
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`distinctiveness of YETI’s famous YETI’s 20 Trade Dress.
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`45.
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`YETI’s 20 Trade Dress is famous and is entitled to protection under the Lanham
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`Act. YETI’s 20 Trade Dress includes unique, distinctive, and non-functional designs. YETI’s 20
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`Trade Dress has acquired distinctiveness through YETI’s extensive and continuous promotion and
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`use of YETI’s 20 Trade Dress in the United States. Through that extensive and continuous use,
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`YETI’s 20 Trade Dress has become a famous well-known indicator of the origin and quality of
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`YETI’s 20 oz. Rambler® Tumblers throughout the United States, and is widely recognized by the
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`general consuming public as a designation of the source of YETI and YETI’s 20 oz. Rambler®
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`Tumblers. YETI’s 20 Trade Dress has also acquired substantial secondary meaning in the
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`marketplace. Moreover, YETI’s 20 Trade Dress became famous and acquired this secondary
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 14 of 21
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`meaning before Defendants commenced their unlawful use of YETI’s 20 Trade Dress in
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`connection with the Infringing 20 oz. Tumblers and YETI’s 20 Trade Dress is famous and has
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`secondary meaning today.
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`46.
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`Defendants’ use of YETI’s 20 Trade Dress and/or colorable imitations thereof has
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`caused, and, unless enjoined, will continue to cause, substantial and irreparable injury to YETI for
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`which YETI has no adequate remedy at law, including at least substantial and irreparable injury to
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`the goodwill and reputation for quality associated with YETI’s 20 Trade Dress, YETI’s 20 oz.
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`Rambler® Tumblers, and YETI.
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`47.
`
`Defendants’ use of YETI’s 20 Trade Dress and/or colorable imitations thereof has
`
`been intentional, willful, and malicious. Defendants’ bad faith is evidenced at least by the
`
`similarity of the Infringing 20 oz. Tumblers to YETI’s 20 Trade Dress and Defendants’ continuing
`
`disregard for YETI’s rights.
`
`48.
`
`YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
`
`Defendants’ 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 IV:
`Trade Dress Dilution under § 43(c) of the Lanham Act, 15 U.S.C. § 1125(c)
`
`49.
`
`YETI realleges and incorporates the allegations set forth in paragraphs 1 through
`
`
`
`48 as though fully set forth herein.
`
`50.
`
`Based on the activities described above, including, for example, Endliss’s
`
`advertising, marketing, promoting, offering for sale, selling, distributing, manufacturing, and/or
`
`importing the Infringing 30 oz. Tumblers, Endliss is likely to dilute, has diluted, and continues to
`
`dilute YETI’s famous YETI’s 30 Trade Dress in violation of § 43(c) of the Lanham Act, 15 U.S.C.
`
`§ 1125(c). Endliss’s use of YETI’s 30 Trade Dress and/or colorable imitations thereof is likely to
`
`
`
`14
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 15 of 21
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`cause, and has caused, dilution of YETI’s famous YETI’s 30 Trade Dress at least by eroding the
`
`public’s exclusive identification of YETI’s famous YETI’s 30 Trade Dress with YETI and YETI’s
`
`30 oz. Rambler® Tumblers, by lessening the capacity of YETI’s famous YETI’s 30 Trade Dress
`
`to identify and distinguish YETI’s 30 oz. Rambler® Tumblers, by associating YETI’s 30 Trade
`
`Dress with products of inferior quality, and by impairing the distinctiveness of YETI’s famous
`
`YETI’s 30 Trade Dress.
`
`51.
`
`YETI’s 30 Trade Dress is famous and is entitled to protection under the Lanham
`
`Act. YETI’s 30 Trade Dress includes unique, distinctive, and non-functional designs. YETI’s 30
`
`Trade Dress has acquired distinctiveness through YETI’s extensive and continuous promotion and
`
`use of YETI’s 30 Trade Dress in the United States. Through that extensive and continuous use,
`
`YETI’s 30 Trade Dress has become a famous well-known indicator of the origin and quality of
`
`YETI’s 30 oz. Rambler® Tumblers throughout the United States, and is widely recognized by the
`
`general consuming public as a designation of the source of YETI and YETI’s 30 oz. Rambler®
`
`Tumblers. YETI’s 30 Trade Dress has also acquired substantial secondary meaning in the
`
`marketplace. Moreover, YETI’s 30 Trade Dress became famous and acquired this secondary
`
`meaning before Endliss commenced its unlawful use of YETI’s 30 Trade Dress in connection with
`
`the Infringing 30 oz. Tumblers and YETI’s 30 Trade Dress is famous and has secondary meaning
`
`today.
`
`52.
`
`Endliss’s use of YETI’s 30 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 30 Trade Dress, YETI’s 30 oz.
`
`Rambler® Tumblers, and YETI.
`
`
`
`15
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 16 of 21
`
`53.
`
`On information and belief, Endliss’s use of YETI’s 30 Trade Dress and/or colorable
`
`imitations thereof has been intentional, willful, and malicious. Endliss’s bad faith is evidenced at
`
`least by the similarity of the Infringing 30 oz. Tumblers to YETI’s 30 Trade Dress and Endliss’s
`
`continuing disregard for YETI’s rights.
`
`54.
`
`YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
`
`Endliss’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 V:
`Unfair Competition and False Designation of Origin under § 43(a)
`of the Lanham Act, 15 U.S.C. § 1125(a)
`
`YETI realleges and incorporates the allegations set forth in paragraphs 1 through
`
`55.
`
`54 as though fully set forth herein.
`
`56.
`
`Defendants’ advertisements, marketing, promotions, offers
`
`to sell, sales,
`
`distribution, manufacture, and/or importing of the Infringing 20 oz. Tumblers, 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 Defendants have obtained an
`
`unfair advantage as compared to YETI through Defendants’ use of YETI’s 20 Trade Dress, and
`
`because such use is likely to cause consumer confusion as to the origin, sponsorship, and/or
`
`affiliation of Defendants’ Infringing 20 oz. Tumblers, at least by creating the false and misleading
`
`impression that their Infringing 20 oz. Tumblers are manufactured by, authorized by, or otherwise
`
`associated with YETI.
`
`57.
`
`YETI’s 20 Trade Dress is entitled to protection under the Lanham Act. YETI’s 20
`
`Trade Dress includes unique, distinctive, and non-functional designs. YETI has extensively and
`
`continuously promoted and used YETI’s 20 Trade Dress in the United States. Through that
`
`
`
`16
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 17 of 21
`
`extensive and continuous use, YETI’s 20 Trade Dress has become a well-known indicator of the
`
`origin and quality of YETI’s 20 oz. Rambler® Tumblers. YETI’s 20 Trade Dress has also acquired
`
`substantial secondary meaning in the marketplace. Moreover, YETI’s 20 Trade Dress acquired
`
`this secondary meaning before Defendants commenced their unlawful use of YETI’s 20 Trade
`
`Dress in connection with the Infringing 20 oz. Tumblers and YETI’s 20 Trade Dress has secondary
`
`meaning today.
`
`58.
`
`Defendants’ use of YETI’s 20 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 20 Trade Dress, YETI’s 20 oz.
`
`Rambler® Tumblers, and YETI.
`
`59.
`
`On information and belief, Defendants’ use of YETI’s 20 Trade Dress and colorable
`
`imitations thereof has been intentional, willful, and malicious. Defendants’ bad faith is evidenced
`
`at least by the similarity of the Infringing 20 oz. Tumblers to YETI’s 20 Trade Dress and by
`
`Defendants’ continuing disregard for YETI’s rights.
`
`60.
`
`YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
`
`Defendants’ profits, YETI’s actual damages, enhanced damages, costs, and reasonable attorney
`
`fees under at least 15 U.S.C. §§ 1125(a), 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)
`
`YETI realleges and incorporates the allegations set forth in paragraphs 1 through
`
`61.
`
`60 as though fully set forth herein.
`
`
`
`17
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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 18 of 21
`
`62.
`
`Endliss’s advertisements, marketing, promotions, offers to sell, sales, distribution,
`
`manufacture, and/or importing of the Infringing 30 oz. Tumblers, 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 Endliss has obtained an unfair advantage as compared to
`
`YETI through Endliss’s use of YETI’s 30 Trade Dress, and because such use is likely to cause
`
`consumer confusion as to the origin, sponsorship, and/or affiliation of Endliss’s Infringing 30 oz.
`
`Tumblers, at least by creating the false and misleading impression that its Infringing 30 oz.
`
`Tumblers are manufactured by, authorized by, or otherwise associated with YETI.
`
`63.
`
`YETI’s 30 Trade Dress is entitled to protection under the Lanham Act. YETI’s 30
`
`Trade Dress includes unique, distinctive, and non-functional designs. YETI has extensively and
`
`continuously promoted and used YETI’s 30 Trade Dress in the United States. Through that
`
`extensive and continuous use, YETI’s 30 Trade Dress has become a well-known indicator of the
`
`origin and quality of YETI’s 30 oz. Rambler® Tumblers. YETI’s 30 Trade Dress has also acquired
`
`substantial secondary meaning in the marketplace. Moreover, YETI’s 30 Trade Dress acquired
`
`this secondary meaning before Endliss commenced its unlawful use of YETI’s 30 Trade Dress in
`
`connection with the Infringing 30 oz. Tumblers and YETI’s 30 Trade Dress has secondary meaning
`
`today.
`
`64.
`
`Endliss’s use of YETI’s 30 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 30 Trade Dress, YETI’s 30 oz.
`
`Rambler® Tumblers, and YETI.
`
`
`
`18
`
`

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`Case 1:23-cv-00079 Document 1 Filed 01/25/23 Page 19 of 21
`
`65.
`
`On information and belief, Endliss’s use of YETI’s 30 Trade Dress and colorable
`
`imitations thereof has been intentional, willful, and malicious. Endliss’s bad faith is evidenced at
`
`least by the similarity of the Infringing 30 oz. Tumblers to YETI’s 30 Trade Dress and by Endliss’s
`
`continuing disregard for YETI’s rights.
`
`66.
`
`YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
`
`Endliss’s profits, YETI’s actual damages, enhanced damages, costs, and reasonable attorney fees
`
`under at least 15 U.S.C. §§ 1125(a), 1116, and 1117.
`
`Demand for Jury Trial
`
`YETI hereby de