Yeti Coolers v. Glacier - Complaint

Case 1:17-cv-00586 Document 1 Filed 06/15/17 Page 1 of 53
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
YETI Coolers, LLC, Case No. 1:17-cv-00586
Plaintiff, COMPLAINT FOR DAMAGES AND

INJUNCTIVE RELIEF FOR:
v.
(1) TRADE DRESS DILUTION IN
Glacier Coolers, LLC, and VIOLATION OF TEX. BUS. & COM.
CODE 16.103;
Tecomate Holdings, LLC, (2) TRADE DRESS INFRINGEMENT IN
VIOLATION OF 15 U.S.C. 1125(a);
Defendants. (3) TRADE DRESS DILUTION IN
VIOLATION OF 15 U.S.C. 1125(c);
(4) UNFAIR COMPETITION AND
FALSE DESIGNATION OF ORIGIN
IN VIOLATION OF 15 U.S.C.
1125(a);
(5) PATENT INFRINGEMENT IN
VIOLATION OF 35 U.S.C. 271
(6) COMMON LAW TRADE DRESS
INFRINGEMENT;
(7) COMMON LAW UNFAIR
COMPETITION;
(8) COMMON LAW
MISAPPROPRIATION; AND
(9) UNJUST ENRICHMENT.
Jury Trial Demanded
COMPLAINT
Plaintiff, YETI Coolers, LLC (YETI), for its Complaint against Defendants, Glacier
Coolers, LLC (Glacier Coolers) and Tecomate Holdings, LLC (Tecomate) (collectively,
Glacier), 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 5301 Southwest Parkway, Suite 200, Austin, TX
78735.
2. On information and belief, Glacier Coolers is a company organized and existing
under the laws of the State of Texas, with a principal place of business at 2800 Blacksmith Ln.,
Kerrville, TX 78028, that does business under the name Glacier Coolers.
3. On information and belief, Tecomate is a company organized and existing under
the laws of the State of Texas with a principal place of business at 2800 Blacksmith Ln.,
Kerrville, TX 78028. On information and belief, Tecomate owns Glacier Coolers.
Jurisdiction and Venue
4. This is an action for trade dress dilution, trade dress infringement, unfair
competition and false designation of origin, patent infringement, misappropriation, and unjust
enrichment. This action arises under the Texas Business & Commerce Code, the Trademark Act
of 1946, 15 U.S.C. 1051, et seq. (the Lanham Act), the Patent Act, 35 U.S.C. 1, et seq.,
federal and state common law, including the law of Texas.
5. This Court has subject matter jurisdiction over this action pursuant to at least 15
U.S.C. 1121(a) and 28 U.S.C. 1331, 1338(a) & (b), and 1367(a).
6. This Court has personal jurisdiction over Glacier because, inter alia, Glacier is
doing business in the State of Texas, including in this District. For example, and as discussed in
more detail below, (i) Glacier Coolers and Tecomate are companies organized and existing under
the laws of the State of Texas; (ii) Glacier has advertised, promoted, offered for sale, sold, and/or
distributed, and continues to advertise, promote, offer for sale, sell, and/or distribute, infringing
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products to customers and/or potential customers, including in this District, at least through
Glaciers websites (e.g., www.glaciercoolers.com and www.glacier-coolers.com); (iii) Glaciers
tortious acts giving rise to this lawsuit and harm to YETI are occurring in the State of Texas,
including in this District; (iv) on information and belief, Glacier acted with knowledge that its
unauthorized use of YETIs rights would cause harm to YETI in the State of Texas and in this
District; and (v) Glaciers customers and/or potential customers reside in the State of Texas,
including in this District.
7. Venue is proper in this District pursuant to at least 28 U.S.C. 1391(b) and (c).
General Allegations YETIs Intellectual Property
8. For several years, YETI has continuously engaged in the development,
manufacture, and sale of its insulated products, including insulated drinkware and soft-sided
coolers. YETI created unique, distinctive, and non-functional designs to use with YETIs
insulated drinkware and soft-sided coolers. YETI has extensively and continuously promoted and
used these designs for years in the United States and in Texas. Through that extensive and
continuous promotion and use, YETIs designs have become well-known indicators of the origin
and quality of YETIs insulated drinkware and soft-sided cooler products. YETIs designs also
have acquired substantial secondary meaning in the marketplace and have become famous. As
discussed in more detail below, YETI owns trade dress rights relating to its insulated drinkware
and soft-sided coolers designs.
9. Several years ago, YETI introduced its 30 oz. Rambler Tumbler, 20 oz.
Rambler Tumbler, and Rambler Colster beverage holder into the marketplace
(collectively, Rambler Drinkware). YETI has sold millions of the Rambler Drinkware
throughout the United States, including sales to customers in the State of Texas. YETI has
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invested significant resources in the design, development, manufacture, advertising, and
marketing of the Rambler Drinkware. The designs 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.
10. The designs of the Rambler Drinkware have distinctive and non-functional
features that identify to consumers that the origin of the Rambler Drinkware is YETI. As a
result of at least YETIs continuous and exclusive use of the Rambler Drinkware, YETIs
marketing, advertising, and sales of the Rambler Drinkware, and the highly valuable goodwill
and substantial secondary meaning acquired as a result, YETI owns trade dress rights in the
designs and appearances of the Rambler Drinkware, which consumers have come to uniquely
associate with YETI.
11. Exemplary images of a YETI 30 oz. Rambler Tumbler are shown below.
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Illustration 1: Exemplary Images of a YETI 30 oz. RamblerTM Tumbler.
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12. YETI has trade dress rights in the overall look, design, and appearance of the
YETI 30 oz. Rambler Tumbler, which includes the design and appearance of the curves,
tapers, and lines in the YETI 30 oz. Rambler Tumbler; the design and appearance of the
profile of the YETI 30 oz. Rambler Tumbler; the design and appearance of the walls of the
YETI 30 oz. Rambler Tumbler; the design and appearance of the rim of the YETI 30 oz.
Rambler Tumbler; the design, appearance, and placement of the taper in the side wall of the
YETI 30 oz. Rambler Tumbler; the design, appearance, and placement of the upper portion,
mid portion, and bottom portion of the side wall of the YETI 30 oz. Rambler Tumbler; the
design, appearance, and placement of the style line around the base of the YETI 30 oz.
Rambler Tumbler; the design, appearance, and placement of the tab on the lid of the YETI 30
oz. Rambler Tumbler; the design, appearance, and placement of the drinking opening on the
lid of the YETI 30 oz. Rambler Tumbler; the design, appearance, and placement of the top
plane of the lid of the YETI 30 oz. Rambler Tumbler; the design, appearance, and placement
of the side walls of the lid of the YETI 30 oz. Rambler Tumbler; the color contrast and color
combinations of the YETI 30 oz. Rambler Tumbler and the tumbler lid of the YETI 30 oz.
Rambler Tumbler; and the relationship of these features to each other and to other features.
13. Exemplary images of a YETI 20 oz. Rambler Tumbler are shown below:
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Illustration 2: Exemplary Images of a YETI 20 oz. RamblerTM Tumbler.
YETI 20 oz. Rambler Tumbler, which includes the design and appearance of the curves,
tapers, and lines in the YETI 20 oz. Rambler Tumbler; the design and appearance of the
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profile of the YETI 20 oz. Rambler Tumbler; the design and appearance of the walls of the
YETI 20 oz. Rambler Tumbler; the design and appearance of the rim of the YETI 20 oz.
Rambler Tumbler; the design, appearance, and placement of the taper in the side wall of the
YETI 20 oz. Rambler Tumbler; the design, appearance, and placement of the style line around
the base of the YETI 20 oz. Rambler Tumbler; the design, appearance, and placement of the
tab on the lid of the YETI 20 oz. Rambler Tumbler; the design, appearance, and placement of
the drinking opening on the lid of the YETI 20 oz. Rambler Tumbler; the design, appearance,
and placement of the top plane of the lid of the YETI 20 oz. Rambler Tumbler; the design,
appearance, and placement of the side walls of the lid of the YETI 20 oz. Rambler Tumbler;
the color contrast and color combinations of the YETI 20 oz. Rambler Tumbler and the
tumbler lid of the YETI 20 oz. Rambler Tumbler; and the relationship of these features to each
other and to other features.
15. Exemplary images of a YETI Rambler Colster beverage holder are shown
below:
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Illustration 3: Exemplary Images of a YETI Rambler Colster Beverage Holder.
YETI Rambler Colster Beverage Holder, which includes the design and appearance of the
curves and lines in the YETI Rambler Colster Beverage Holder; the design and appearance
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of the profile of the YETI Rambler Colster Beverage Holder; the design and appearance of
the walls of the YETI Rambler Colster Beverage Holder; the design and appearance of the
rim of the YETI Rambler Colster Beverage Holder; the design, appearance, and placement
of the top plane of the upper band of the YETI Rambler Colster Beverage Holder; the
design, appearance, and placement of the side walls of the upper band of the YETI Rambler
Colster Beverage Holder; the design, appearance, and placement of the style line around the
base of the YETI Rambler Colster Beverage Holder; the color contrast and color
combinations of the YETI Rambler Colster Beverage Holder and the upper band of the
YETI Rambler Colster Beverage Holder; and the relationship of these features to each other
and to other features.
17. YETI also sells and promotes its soft sided-cooler products, namely the Hopper
FlipTM, the HopperTM 20, the HopperTM 30, and the HopperTM 40 (collectively, the HopperTM
Soft-Sided Coolers). YETI has invested substantially in the design, development, manufacture,
and marketing of the HopperTM Soft-Sided Coolers. YETI has enjoyed significant sales of the
HopperTM Soft-Sided Coolers throughout the United States, including to customers in the state of
Texas. The designs and features of the HopperTM Soft-Sided Coolers have received widespread
and unsolicited public attention. For example, the HopperTM Soft-Sided Coolers have been
featured in numerous newspaper, magazine, and Internet articles.
18. The HopperTM Soft-Sided Coolers designs have distinctive and non-functional
features that identify to consumers that the origin of the HopperTM Soft-Sided Coolers is YETI.
As a result of at least YETIs continuous and exclusive use of the HopperTM Soft-Sided Coolers,
YETIs marketing, advertising, and sales of the HopperTM Soft-Sided Coolers, and the highly
valuable goodwill and substantial secondary meaning acquired as a result, YETI owns trade
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dress rights in the designs and appearances of the HopperTM Soft-Sided Coolers, which
consumers have come to uniquely associate with YETI.
19. Exemplary images of the YETI HopperTM Soft-Sided Coolers are shown below:
Illustration 4: Exemplary Images of the YETI HopperTM Soft-Sided Coolers.
Hopper Soft-Sided Coolers, which includes the design and appearance of the walls of the
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Hopper Soft-Sided Coolers; the design and appearance of the bases of the Hopper Soft-
Sided Coolers; the design and appearance of the tops of the Hopper Soft-Sided Coolers; the
design and appearance of the straps of the Hopper Soft-Sided Coolers; the design and
appearance of the loops of the Hopper Soft-Sided Coolers; the design and appearance of the
stitching of the Hopper Soft-Sided Coolers; the design and appearance of the zippers of the
Hopper Soft-Sided Coolers; the design and appearance of the connectors of the Hopper
Soft-Sided Coolers; the design and appearance of the handles of the Hopper Soft-Sided
Coolers; the color contrasts and color combinations of the Hopper Soft-Sided Coolers; and the
relationship of these features to each other and to other features.
21. As a result of YETIs exclusive, continuous, and substantial use, advertising, and
sales of insulated drinkware products and soft-sided coolers bearing YETIs trade dress, and the
publicity and attention that has been paid to YETIs trade dress, YETIs trade dress 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.
22. YETI also owns U.S. Design Patent No. D752,397 (the 397 patent), U.S.
Design Patent No. D779,285 (the 285 patent), U.S. Design Patent No. D779,891 (the 891
patent), U.S. Design Patent No. D779,892 (the 892 patent), U.S. Design Patent No.
D780,530 (the 530 patent), U.S. Design Patent No. D780,531 (the 531 patent), U.S. Design
Patent No. D780,532 (the 532 patent), U.S. Design Patent No. D780,533 (the 533 patent),
and U.S. Design Patent No. D786,025 (the 025 patent), all related to a beverage holder.
23. The 397 patent is entitled Beverage Holder. On March 29, 2016, the 397
patent was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire
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right, title, and interest to the 397 patent. A copy of the 397 patent is attached as Exhibit 1. An
exemplary figure from the 397 patent is shown in Illustration 5 below.
Illustration 5: Exemplary Figure from the 397 Patent.
24. The 285 patent is entitled Beverage Holder. On February 21, 2017, the 285
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14
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27. The 530 patent is entitled Beverage Holder. On March 7, 2017, the 530 patent
was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire right, title,
and interest to the 530 patent. A copy of the 530 patent is attached as Exhibit 5. An exemplary
figure from the 530 patent is shown in Illustration 9 below.
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17
18
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31. The 025 patent is entitled Beverage Holder. On May 9, 2017, the 025 patent
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32. YETI also owns U.S. Design Patent No. D752,347 (the 347 patent), U.S.
Design Patent No. D786,560 (the 560 patent), and U.S. Design Patent No. D786,562 (the
562 patent), all related to an insulating device.
33. The 347 patent is entitled Insulating Device. On March 29, 2016, the 347
right, title, and interest to the 347 patent. A copy of the 347 patent is attached as Exhibit 10.
An exemplary figure from the 347 patent is shown in Illustration 14 below.
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34. The 560 patent is entitled Insulating Device. On May 16, 2017, the 560 patent
and interest to the 560 patent. A copy of the 560 patent is attached as Exhibit 11. An
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35. The 562 patent is entitled Insulating Device. On May 16, 2017, the 562 patent
and interest to the 562 patent. A copy of the 562 patent is attached as Exhibit 12. An
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General Allegations Glaciers Unlawful Activities
36. Glacier has purposefully advertised, promoted, offered for sale, sold, and/or
distributed, and continues to advertise, promote, offer for sale, sell, and/or distribute products
that violate YETIs rights, including the rights protected by YETIs intellectual property. On
information and belief, Glacier also is making such infringing products and/or importing such
infringing products into the United States. Glaciers infringing products are confusingly similar
imitations of YETIs products and are in the same size as YETIs products. Glaciers actions
have all been without the authorization of YETI.
37. Glaciers infringing products include at least its 30 oz. tumbler products, 20 oz.
tumbler products, beverage holders, and soft-sided coolers. Printouts with excerpts from
Glaciers website, https://www.glaciercoolers.com, showing exemplary images of Glaciers
infringing products are attached as Exhibit 13.
38. Exemplary images of Glaciers infringing products are also shown below:
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Illustration 17: Exemplary Images of Glaciers Infringing 30 oz. Tumbler Products.
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Illustration 18: Exemplary Image of Glaciers Infringing 20 oz. Tumbler Products.
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Illustration 19: Exemplary Images of Glaciers Infringing Beverage Holder Products.
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Illustration 20: Exemplary Images of Glaciers Infringing Soft-Sided Cooler Products.
39. As a result of Glaciers activities related to its infringing products, there is a
likelihood of confusion between Glacier and its products on the one hand, and YETI and its
products on the other hand.
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40. YETI used its trade dress extensively and continuously before Glacier began
advertising, promoting, selling, offering to sell, or distributing its infringing products. Moreover,
YETIs 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 Glacier commenced
unlawful use of YETIs trade dress.
41. As discussed above and as set forth in the counts below, Glaciers actions are
unfair and unlawful.
Count I:
Trade Dress Dilution Under Tex. Bus. & Com. Code 16.103
42. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
41 as though fully set forth herein.
43. Based on the activities described above, including, for example, Glaciers
advertising, promoting, offering for sale, selling, and distributing the infringing products, Glacier
is likely to dilute, has diluted, and continues to dilute YETIs trade dress in violation of 16.103
of the Texas Business & Commerce Code. Glaciers 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,
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.
44. YETIs trade dress is famous and is entitled to protection under Texas 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 in the
State of Texas. Through that extensive and continuous use, YETIs trade dress has become a
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famous well-known indicator of the origin and quality of YETIs products in the United States
and in the State of Texas generally and in geographic areas in Texas, and YETIs trade dress is
widely recognized by the public throughout Texas and in geographic areas in Texas as a
designation of the source of YETI and YETIs products. YETIs trade dress has also acquired
substantial secondary meaning in the marketplace, including in the State of Texas and in
geographic areas in Texas. Moreover, YETIs trade dress became famous and acquired this
secondary meaning before Glacier commenced its unlawful use of YETIs trade dress in
connection with the infringing products.
45. Glaciers 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 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.
46. On information and belief, Glaciers use of YETIs trade dress and/or colorable
imitations thereof has been intentional, willful, and malicious. Glaciers bad faith is evidenced at
least by the similarity of the infringing products to YETIs trade dress and by Glaciers
continuing disregard for YETIs rights.
47. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
Glaciers profits, YETIs actual damages, enhanced profits and damages, and reasonable attorney
fees under at least Tex. Bus. & Com. Code 16.104.
Count II:
Trade Dress Infringement Under 43(a) of the Lanham Act, 15 U.S.C. 1125(a)
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49. Glaciers advertisements, promotions, offers to sell, sales, and/or distribution of
the infringing products violate 43(a) of the Lanham Act, 15 U.S.C. 1125(a) by infringing
YETIs trade dress. Glaciers 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 Glacier 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.
50. 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 Glacier
commenced its unlawful use of YETIs trade dress in connection with the infringing products.
51. Glaciers 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
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.
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53. YETI is entitled to injunctive relief, and YETI is entitled to recover at least
Glaciers 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 Dilution Under 43(c) of the Lanham Act, 15 U.S.C. 1125(c)
55. Based on the activities described above, including, for example, Glaciers
advertising, promoting, offering for sale, selling, and distributing the infringing products, Glacier
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). Glaciers 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.
56. 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
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became famous and acquired this secondary meaning before Glacier commenced its unlawful use
of YETIs trade dress in connection with the infringing products.
57. Glaciers 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 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.
Glaciers 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 IV:
Unfair Competition and False Designation of Origin
Under 43(a) of the Lanham Act, 15 U.S.C. 1125(a)
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 Glacier obtained an unfair advantage as compared to YETI through Glaciers use of
YETIs trade dress and because such uses are likely to cause consumer confusion as to the origin
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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.
62. YETIs trade dress is entitled to protection under the Lanham Act. YETIs trade
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 Glacier
commenced its unlawful use of YETIs trade dress in connection with the infringing products.
YETI.
Glaciers profits, YETIs actual damages, enhanced damages, costs, and reasonable attorney fees
under at least 15 U.S.C. 1125(a), 1116, and 1117.
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Count V:
Patent Infringement of U.S. Patent D752,397 Under 35 U.S.C. 271
67. Glacier has infringed and continues to infringe the 397 patent at least by using,
selling, and offering to sell Glaciers infringing beverage holders, and on information and belief
by making and/or importing into the United States Glaciers infringing beverage holders, which
are covered by the claim of the 397 patent.
68. Glaciers 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.
69. On information and belief, Glaciers infringement of the 397 patent has been, and
continues to be, deliberate, intentional, and willful.
70. On information and belief, this is an exceptional case in view of Glaciers
unlawful activities, including Glaciers deliberate, intentional, and willful infringement.
71. 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.
72. Glacier 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 VI:
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least 35 U.S.C. 281, 284, 285, and 289.
Count VII:
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least 35 U.S.C. 281, 284, 285, and 289.
Count VIII:
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least 35 U.S.C. 281, 284, 285, and 289.
Count IX:
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least 35 U.S.C. 281, 284, 285, and 289.
Count X:
least 35 U.S.C. 281, 284, 285, and 289.
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Count XI:
least 35 U.S.C. 281, 284, 285, and 289.
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Count XII:
least 35 U.S.C. 281, 284, 285, and 289.
Count XIII:
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least 35 U.S.C. 281, 284, 285, and 289.
Count XIV:
selling, and offering to sell Glaciers infringing soft-sided coolers, and on information and belief
by making and/or importing into the United States Glaciers infringing soft-sided coolers, which
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least 35 U.S.C. 281, 284, 285, and 289.
Count XV:
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least 35 U.S.C. 281, 284, 285, and 289.
Count XVI:
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least 35 U.S.C. 281, 284, 285, and 289.
Count XVII:
Common Law Trade Dress Infringement
the infringing products, in direct competition with YETI, constitute common law trade dress
infringement, at least because Glaciers 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 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.
152. YETIs trade dress is entitled to protection under the common law. YETIs trade
continuously promoted and used its trade dress in the United States and the State of Texas.
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 Glacier commenced its unlawful use of YETIs trade dress in
connection with the infringing products.
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YETI.
YETIs damages, Glaciers profits, punitive damages, costs, and reasonable attorney fees.
Count XVIII:
Common Law Unfair Competition
the infringing products, in direct competition with YETI, constitute common law unfair
competition, at least by palming off/passing off of Glaciers goods, by simulating YETIs trade
dress in an intentional and calculated manner that is likely to cause consumer confusion as to
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. Glacier has also interfered with YETIs business.
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continuously promoted and used YETIs trade dress for years in the United States and the State
of Texas. 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 this secondary meaning before Glacier commenced its unlawful use of YETIs trade
dress in connection with the infringing products.
YETI.
imitations has been intentional, willful, and malicious. Glaciers bad faith is evidenced at least
by the similarity of the infringing products to YETIs trade dress and by Glaciers continuing
disregard for YETIs rights.
Count XIX:
Common Law Misappropriation
the infringing products, in direct competition with YETI, constitute common law
misappropriation.
47
164. YETI created the products covered by YETIs trade dress through extensive time,
labor, effort, skill, and money. Glacier has wrongfully used YETIs trade dress, and/or colorable
imitations thereof in competition with YETI and gained a special advantage because Glacier was
not burdened with the expenses incurred by YETI. Glacier has commercially damaged YETI, at
least by causing consumer confusion as to origin and/or sponsorship/affiliation of the infringing
products, by creating the false and misleading impression that the infringing products are
manufactured by, authorized by, or otherwise associated with YETI, and by taking away sales
that YETI would have made.
dress in connection with the infringing products.
166. Glaciers use of YETIs trade dress and/or colorable imitations 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 with YETI and
YETIs products. Moreover, as a result of its misappropriation, Glacier has profited and, unless
such conduct is enjoined by this Court, will continue to profit by misappropriating the time,
48
effort, and money that YETI invested in establishing the reputation and goodwill associated with
YETIs trade dress, YETIs products, and YETI.
167. Glaciers misappropriation of YETIs trade dress and/or colorable imitations
thereof has been intentional, willful, and malicious. Glaciers bad faith is evidenced at least by
the similarity of the infringing products to YETIs trade dress and by Glaciers continuing
disregard for YETIs rights.
Count XX:
Unjust Enrichment
the infringing products, in direct competition with YETI, constitute unjust enrichment, at least
because Glacier has wrongfully obtained benefits at YETIs expense. Glacier has also, inter
alia, operated with an undue advantage.
171. YETI created the products covered by YETIs trade dress through extensive time,
labor, effort, skill, and money. Glacier has wrongfully used and is wrongfully using YETIs
trade dress, and/or colorable imitations thereof, in competition with YETI, and has gained and is
gaining a wrongful benefit by undue advantage through such use. Glacier has not been burdened
with the expenses incurred by YETI, yet Glacier is obtaining the resulting benefits for its own
business and products.
49
dress and/or colorable imitations thereof in connection with the infringing products.
173. Glaciers use of YETIs trade dress and/or colorable imitations 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
with YETI and YETIs products. YETI accumulated this goodwill and reputation through
extensive time, labor, effort, skill, and investment. Glacier has wrongfully obtained and is
wrongfully obtaining a benefit at YETIs expense by taking undue advantage and free-riding on
YETIs efforts and investments, and enjoying the benefits of YETIs hard-earned goodwill and
reputation.
174. Glaciers unjust enrichment at YETIs expense has been intentional, willful, and
malicious. Glaciers bad faith is evidenced at least by the similarity of the infringing products to
YETIs trade dress and by Glaciers continuing disregard for YETIs rights.
Glaciers profits.
Demand for Jury Trial
YETI hereby demands a jury trial on all issues so triable.
50
Relief Sought
WHEREFORE, Plaintiff respectfully prays for:
1. Judgment that Glacier has (i) diluted YETIs trade dress in violation of Tex. Bus.
& Com. Code 16.103; (ii) infringed YETIs trade dress in violation of 1125(a) of Title 15 in
the United States Code; (iii) diluted YETIs trade dress in violation of 1125(c) of Title 15 in
the United States Code; (iv) engaged in unfair competition and false designation of origin in
violation of 1125(a) of Title 15 in the United States Code; (v) infringed the 397 patent in
violation of 271 of Title 35 in the United States Code; (vi) infringed the 285 patent in
violation of 271 of Title 35 in the United States Code; (vii) infringed the 891 patent in
violation of 271 of Title 35 in the United States Code; (viii) infringed the 892 patent in
violation of 271 of Title 35 in the United States Code; (ix) infringed the 530 patent in
violation of 271 of Title 35 in the United States Code; (x) infringed the 531 patent in violation
of 271 of Title 35 in the United States Code; (xi) infringed the 532 patent in violation of 271
of Title 35 in the United States Code; (xii) infringed the 533 patent in violation of 271 of Title
35 in the United States Code; (xiii) infringed the 025 patent in violation of 271 of Title 35 in
the United States Code; (xiv) infringed the 347 patent in violation of 271 of Title 35 in the
United States Code; (xv) infringed the 560 patent in violation of 271 of Title 35 in the United
States Code; (xvi) infringed the 562 patent in violation of 271 of Title 35 in the United States
Code; (xvii) violated YETIs common law rights in YETIs trade dress; (xviii) engaged in
common law unfair competition; (xi) engaged in common law misappropriation; and (xx) been
unjustly enriched at YETIs expense, and that these wrongful activities by Glacier were willful;
2. An injunction against further infringement and dilution of YETIs trade dress,
further infringement of YETIs design patents, further acts of unfair competition,
51
misappropriation, and unjust enrichment by Glacier, 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, importing, or advertising the
infringing products, or any other products that use a copy, reproduction, or colorable imitation of
YETIs trade dress or YETIs design patents, pursuant to at least 15 U.S.C. 1116, Tex. Bus. &
Com. Code 16.104, and 35 U.S.C. 283;
3. An Order directing Glacier to recall all infringing products sold and/or distributed
and provide a full refund for all recalled infringing products;
4. 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 trade dress in Glaciers possession or control, (iii) all plates, molds, and
other means of making the infringing products in Glaciers possession, custody, or control, and
(iv) all advertising materials related to the infringing products in Glaciers possession, custody,
or control, including on the Internet, pursuant to at least 15 U.S.C. 1118;
5. An Order directing Glacier to publish a public notice providing proper attribution
of YETIs 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;
6. 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);
7. An award of damages adequate to compensate YETI for the patent infringements
that have occurred pursuant to 35 U.S.C. 284, and/or an award of Glaciers profits from their
52
patent infringements pursuant to 35 U.S.C. 289, together with prejudgment interest and costs
and reasonable attorney fees, pursuant to 35 U.S.C. 284 and 285;
8. An award of Glaciers 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. 1125(a), 1125(c), 1116, and 1117 and Tex. Bus. & Com. Code
16.104; and
9. Such other and further relief as this Court deems just and proper.
Dated: June 15, 2017 Respectfully submitted,
/s/ Joseph J. Berghammer

Joseph R. Knight
Texas Bar No. 11601275
jknight@ebbklaw.com
111 Congress Avenue, Suite 2800
Austin, Texas 78701
Telephone: 512.770.4010
Facsimile: 877.851.6384
Joseph J. Berghammer (admitted in the Western

District of Texas)
Illinois Bar No. 6273690
jberghammer@bannerwitcoff.com
Victoria R. M. Webb (admitted in the Western
District of Texas)
vwebb@bannerwitcoff.com
John A. Webb, Jr. (pro hac vice forthcoming)
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
53
Case 1:17-cv-00586 Document 1-1 Filed 06/15/17 Page 1 of 2
JS 44 (Rev. 0/16) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

YETI Coolers, LLC Glacier Coolers, LLC and Tecomate Holdings, LLC
(b) County of Residence of First Listed Plaintiff Travis County of Residence of First Listed Defendant Kerr
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Joseph J. Berghammer, Victoria R.M. Webb, John A. Webb, Jr.
Banner & Witcoff, Ltd., 10 S. Wacker Drive, Suite 3000
Chicago, IL 60606 (312) 463-5000
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only) &OLFNKHUHIRU1DWXUHRI6XLW&RGH'HVFULSWLRQV
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 840 Trademark u 460 Deportation
Student Loans u 340 Marine Injury Product u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY u 710 Fair Labor Standards u 861 HIA (1395ff) u 480 Consumer Credit
of Veterans Benefits u 350 Motor Vehicle u 370 Other Fraud Act u 862 Black Lung (923) u 490 Cable/Sat TV
u 160 Stockholders Suits u 355 Motor Vehicle u 371 Truth in Lending u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal Relations u 864 SSID Title XVI Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 751 Family and Medical u 891 Agricultural Acts
u 362 Personal Injury - Product Liability Leave Act u 893 Environmental Matters
Medical Malpractice u 790 Other Labor Litigation u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 791 Employee Retirement FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: Income Security Act u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRSThird Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. 1125 and 35 U.S.C. 271
VI. CAUSE OF ACTION Brief description of cause:
Trade Dress Infringement and Patent Infringement
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
06/15/2017 /s/ Joseph J. Berghammer
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 0/16) Case 1:17-cv-00586 Document 1-1 Filed 06/15/17 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
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in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
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Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
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precedence, and box 1 or 2 should be marked.
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citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. 1DWXUHRI6XLW3ODFHDQ;LQWKHDSSURSULDWHER[,IWKHUHDUHPXOWLSOHQDWXUHRIVXLWFRGHVDVVRFLDWHGZLWKWKHFDVHSLFNWKHQDWXUHRIVXLWFRGH
WKDWLVPRVWDSSOLFDEOH&OLFNKHUHIRU1DWXUHRI6XLW&RGH'HVFULSWLRQV
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
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PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
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Date and Attorney Signature. Date and sign the civil cover sheet.
EXHIBIT 1
US00D752397S
(12) United States Design Patent do Patent No.: US D752,397 S

Seiders et al. (45) Date of Patent: ::: Mar. 29, 2016
(54) BEVERAGE HOLDER OTHER PUBLICATIONS

(71) Applicant: YETI Coolers, LLC, Austin, TX (US) Hooler the handheld cooler, published on Apr. 12, 2014, retrieved
from https://web.archive.org/web/20140412062054/http://www.
(72) Inventors: Roy Joseph Seiders, Austin, TX (US); hoolercooler.com/ on Aug. 4, 2015.
John Alan Tolman, Austin, TX (US)
* cited by examiner
(73) Assignee: YETI Coolers, LLC, Austin, TX (US)
Primary Examiner Terry Wallace
(**) Term: 14 Years 74) Attorney,
ey, Agent,
Ag or Firm Banner & Witcoff, Ltd.
(21) Appl. No. 29/500,908
(22) Filed: Aug. 29, 2014 (57) CLAIM
(51) LOC (10) Cl. ................................................ 0706 The ornamental design for a beverage holder, as shown and
(52) U.S. CI. described.
USPC .......................................... D7/624.2; D7/608
(58) Field of Classification Search
USPC ....................................... D7/70 708; D9/455
CPC ........... B65D 81/3881; B65D 81/3886; A47G DESCRIPTION
23/0241; A47G 23/0266; A47G 19/2288 - - - -
See application file for complete search history. FIG. 1 is a top, front, right perspective view of a beverage
holder showing our new design;
(56) References Cited FIG. 2 is a front view thereof;
FIG. 3 is a right side view thereof;
|U.S. PATENT DOCUMENTS FIG. 4 is a rear view thereof;
D455,052 S
5
4/2002 Gullick tal
ll III.C.KSOIn e .
FIG. 5 is a left side view thereof.
- - -
D455,612 S
6,626,326 B2
4/2002 Gullickson et al.
9/2003 Murakami
FIG. 6 is a top view thereof, and
FIG. 7 is a bottom view thereof.
8,251,247 B1 * 8/2012 Breckner ........... A47G 23/0241
220/592.16 1 Claim, 4 Drawing Sheets
U.S. Patent Mar. 29, 2016 Sheet 1 of 4 US D752,397 S

;
f
g
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
EXHIBIT 9
EXHIBIT 10
US00D752347S
(12) Seiders
Unitedet al.States Design Patent do Patent No.: US D752,347 S
(45) Date of Patent: ::: Mar. 29, 2016
(54) INSULATING DEVICE (56) References Cited
|U.S. PATENT DOCUMENTS
(71) Applicant: YETI Coolers, LLC, Austin, TX (US)
4,541,540 A * 9/1985 Gretz ..................... A45C 1 1/20
(72) Inventors: Roy Joseph Seiders, Austin, TX (US); 220/523
Christopher M. Keller, Austin, TX D281,546 S + 12/1985 Bradshaw ...................... D3/276
(US) D394,553 S + 5/1998 Lin D3/318
D447,667 S + 9/2001 - D3/287
D517,801 S + 3/2006 ... D3/217
(73) Assignee: YETI Coolers, LLC, Austin, TX (US) D539,033 S + 3/2007 Cassegrain ..................... D3/246
7,682,080 B2 * 3/2010 Mogil .................. A45C 7/0077
(**) Term: 15 Years 383/110
D618,966 S + 7/2010 Koehler ......................... D7/607
D619,423 S + 7/2010 Koehler .. ... D7/607
D620,707 S + 8/2010 Mogil ..... ... D3/246
(21) Appl. No.: 29/544,614 D650,169 S * 12/2011 Klifa .............................. D3/245
(Continued)
(22) Filed: Nov. 4, 2015 Primary Examiner Rosemary KTarcza
Assistant Examiner Christy Nemeth
(74) Attorney, Agent, or Firm Banner & Witcoff, Ltd.
(57) CLAIM
Related U.S. Application Data The ornamental design for an insulating device, as shown and
described.
(63) Continuation of application No. 29/503,060, filed on DESCRIPTION
Sep. 23, 2014.
(51) LOC (10) Cl. ................................................ 03-01 FIG. 1 is a top, front, left perspective view of an insulating
(52) U.S. CI. device showing our new design;
USPC ... D3/318 FIG. 2 is a front view thereof;
(58) Field of Classification Search FIG. 3 is a rear view thereof;
USPC ............ D7/601607; D3/215, 216, 217, 221, FIG. 4 is a left side view thereof.
D3/226, 232, 233, 245, 246, 267, 268. 273, FIG. 5 is a right side view thereof;
FIG. 6 is a top view thereof;
D3/276, 283, 289, 315, 318, 327; FIG. 7 is a bottom view thereof; and,
220/592.01, 592.09, 592.1, 592.2, FIG. 8 is an enlarged view of the region identified by the
220/592.25, 694, 752, 760 number 8 in FIG. 3 thereof.
CPC .......... A45C 3/10; A45C 11/00; A45C 11/20; The broken lines showing the remainder of the insulating
A45C 11/22: A45C 13/008: A45C 13/10; device are for the purpose of depicting environmental subject
A45C 13/30; A45C 2013/1007; A45C matter which forms no part of the claimed design. The stipple
2013/1015; A45C 5/08, A45C 2200/00: shading in the drawings is a drawing convention to represent
A45C 2200/20: A63B 29/02; A63B 29/08: curvature; it does not illustrate material, surface ornamenta
A63B 29/028: A45F3/00; A45F3/02; A45F tion, or surface decoration. The enlarged view of the region
identified by the number 8 in FIG. 3 depicts unclaimed
3/14: A45F 2003/002; A45F 2003/142: portions of the insulating device, and forms no part of the
A45F 5/10; A45F 2005/108: A45F 2005/1013; claimed design.
B65D 33/00, B65D 33/105
See application file for complete search history. 1 Claim, 8 Drawing Sheets
US D752,347 S
Page 2
(56) References Cited D732,899 S + 6/2015 Seiders .......................... D3/246

9,139,352 B2 * 9/2015 Seiders . ... B65D 8.1/3858
|U.S. PATENT DOCUMENTS 2011/019 1933 A1 * 8/2011 Gregory ............. A41D 13/0012
2/69
D673,363 S + 1/2013 Crandall ........................ D3/217 2012/0180.184 A1* 7/2012 Crye .................. A41D 13/0007
6/2013 Calkin ...................... A45F 5/02 2/69
8,453,899 B1* 2015/0225 164 A1 * 8/2015 Seiders .............. B65D 8.1/3858
224/675
12/2013 Hayes ............................ D3/233 220/592.25
D695,568 S + 2015/0353263 A1 * 12/2015 Seiders .............. B65D 8.1/3858
D732,348 S + 6/2015 Seiders .... ... D3/246 29/428
D732,349 S + 6/2015 Seiders .... ... D3/246
D732,350 S + 6/2015 Seiders .......................... D3/246 * cited by examiner


FIG. 3
FIG. 4
FIG. 5
* )
~

FIG. 8
EXHIBIT 11
EXHIBIT 12
EXHIBIT 13
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Yeti Coolers v. Glacier - Complaint

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Yeti Coolers v. Glacier - Complaint

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Case 1:17-cv-00586 Document 1 Filed 06/15/17 Page 1 of 53

UNITED STATES DISTRICT COURT

YETI Coolers, LLC, Case No. 1:17-cv-00586

Plaintiff, COMPLAINT FOR DAMAGES AND

Jury Trial Demanded

Glacier), alleges as follows:

2. On information and belief, Glacier Coolers is a company organized and existing

3. On information and belief, Tecomate is a company organized and existing under

Kerrville, TX 78028. On information and belief, Tecomate owns Glacier Coolers.

Jurisdiction and Venue

federal and state common law, including the law of Texas.

Glaciers websites (e.g., www.glaciercoolers.com and www.glacier-coolers.com); (iii) Glaciers

including in this District.

General Allegations YETIs Intellectual Property

8. For several years, YETI has continuously engaged in the development,

and soft-sided coolers designs.

invested significant resources in the design, development, manufacture, advertising, and

associate with YETI.

Illustration 1: Exemplary Images of a YETI 30 oz. RamblerTM Tumbler.

Illustration 2: Exemplary Images of a YETI 20 oz. RamblerTM Tumbler.

other and to other features.

Illustration 3: Exemplary Images of a YETI Rambler Colster Beverage Holder.

and to other features.

featured in numerous newspaper, magazine, and Internet articles.

consumers have come to uniquely associate with YETI.

Illustration 4: Exemplary Images of the YETI HopperTM Soft-Sided Coolers.

relationship of these features to each other and to other features.

exemplary figure from the 397 patent is shown in Illustration 5 below.

Illustration 5: Exemplary Figure from the 397 Patent.

exemplary figure from the 285 patent is shown in Illustration 6 below.

Illustration 6: Exemplary Figure from the 285 Patent.

exemplary figure from the 891 patent is shown in Illustration 7 below.

Illustration 7: Exemplary Figure from the 891 Patent.

exemplary figure from the 892 patent is shown in Illustration 8 below.

Illustration 8: Exemplary Figure from the 892 Patent.

figure from the 530 patent is shown in Illustration 9 below.

Illustration 9: Exemplary Figure from the 530 Patent.

figure from the 531 patent is shown in Illustration 10 below.

Illustration 10: Exemplary Figure from the 531 Patent.

figure from the 532 patent is shown in Illustration 11 below.

Illustration 11: Exemplary Figure from the 532 Patent.

figure from the 533 patent is shown in Illustration 12 below.

Illustration 12: Exemplary Figure from the 533 Patent.

figure from the 025 patent is shown in Illustration 13 below.

Illustration 13: Exemplary Figure from the 025 Patent.

562 patent), all related to an insulating device.

An exemplary figure from the 347 patent is shown in Illustration 14 below.

Illustration 14: Exemplary Figure from the 347 Patent.

exemplary figure from the 560 patent is shown in Illustration 15 below.

Illustration 15: Exemplary Figure from the 560 Patent.

exemplary figure from the 562 patent is shown in Illustration 16 below.

Illustration 16: Exemplary Figure from the 562 Patent.

General Allegations Glaciers Unlawful Activities

have all been without the authorization of YETI.

Glaciers website, https://www.glaciercoolers.com, showing exemplary images of Glaciers

infringing products are attached as Exhibit 13.

Illustration 17: Exemplary Images of Glaciers Infringing 30 oz. Tumbler Products.

Illustration 18: Exemplary Image of Glaciers Infringing 20 oz. Tumbler Products.

Illustration 19: Exemplary Images of Glaciers Infringing Beverage Holder Products.

Illustration 20: Exemplary Images of Glaciers Infringing Soft-Sided Cooler Products.

39. As a result of Glaciers activities related to its infringing products, there is a

products on the other hand.

unlawful use of YETIs trade dress.

unfair and unlawful.