Yeti Coolers v. Chilly Moose - Complaint

Case 1:19-cv-00834 Document 1 Filed 08/23/19 Page 1 of 75
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
YETI Coolers, LLC, Case No. 19-cv-00834
Plaintiff, COMPLAINT FOR DAMAGES AND

INJUNCTIVE RELIEF FOR:
v.
(1) – (11) PATENT INFRINGEMENT IN
Chilly Moose Ltd., and VIOLATION OF 35 U.S.C. § 271
(12) TRADE DRESS INFRINGEMENT IN
Schomberg Sheet Metal VIOLATION OF 15 U.S.C. § 1125(a);
Limited, (13) TRADE DRESS DILUTION IN
VIOLATION OF 15 U.S.C. § 1125(c);
Defendants. (14) TRADE DRESS DILUTION IN
VIOLATION OF TEX. BUS. & COM.
CODE § 16.103;
(15) TRADEMARK INFRINGEMENT IN
VIOLATION OF 15 U.S.C. § 1114(1);
(16) TRADEMARK INFRINGEMENT IN
VIOLATION OF 15 U.S.C. § 1125(a);
(17) TRADEMARK DILUTION IN
VIOLATION OF 15 U.S.C. § 1125(c);
(18) TRADEMARK DILUTION IN
VIOLATION OF TEX. BUS. & COM.
CODE § 16.103;
(19) UNFAIR COMPETITION AND FALSE
DESIGNATION OF ORIGIN IN
VIOLATION OF 15 U.S.C. § 1125(a);
(20) COMMON LAW TRADE DRESS
INFRINGEMENT;
(21) COMMON LAW TRADEMARK
INFRINGEMENT;
(22) COMMON LAW UNFAIR
COMPETITION;
(23) COMMON LAW
MISAPPROPRIATION; AND
(24) UNJUST ENRICHMENT.
Jury Trial Demanded

COMPLAINT
Plaintiff, YETI Coolers, LLC (“YETI”), for its complaint against Chilly Moose Ltd. and
Schomberg Sheet Metal Limited (collectively “Chilly Moose”), 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 7601 Southwest Parkway, Austin, TX 78735.
2. On information and belief, Chilly Moose Ltd. is a Canadian company with a
principal place of business at 4 Greco Ridge Lane, Box 82, Schomberg, ON L0G 1T0, Canada.
3. On information and belief, Schomberg Sheet Metal Limited is a Canadian
company with a principal place of business at 507 Main Street, Schomberg, ON L0G 1T0,
Canada.
Jurisdiction and Venue
4. This is a complaint for damages and injunctive relief based on Chilly Moose’s
advertisements, promotions, offers to sell, sales, distribution, manufacture, and/or importing of
coolers and drinkware, and includes multiple grounds for relief including patent infringement,
trade dress and trademark infringement, trade dress and trademark dilution, unfair competition
and false designation of origin, misappropriation, and unjust enrichment. This complaint 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 common law; 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).
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6. This Court has personal jurisdiction over Chilly Moose because, inter alia, Chilly
Moose is purposefully and intentionally availing itself of the privileges of doing business in the
State of Texas, including in this District. Among other things, (i) Chilly Moose has advertised,
marketed, promoted, offered for sale, sold, distributed, manufactured, and/or imported, and
continues to advertise, market, promote, offer for sale, sell, distribute, manufacture, and/or
import, infringing products to customers and/or potential customers, including in this District, at
least through Chilly Moose’s principal web sites, https://www.chillymoose.ca/,
https://www.facebook.com/chillymoose.ca/, https://www.instagram.com/chilly.moose/, and
https://twitter.com/ChillyMoose2018, (ii) Chilly Moose’s tortious acts giving rise to this lawsuit
and harm to YETI have occurred and are occurring in the State of Texas, including in this
District, (iii) on information and belief, Chilly Moose acted with knowledge that its unauthorized
use of YETI’s rights would cause harm to YETI in the State of Texas and in this District, and
(iv) Chilly Moose’s customers and/or potential customers reside in the State of Texas, including
in this District. Alternatively, on information and belief, this Court may exercise personal
jurisdiction over Chilly Moose under Federal Rule of Civil Procedure 4(k)(2).
7. Venue is proper in this District pursuant to at least 28 U.S.C. §§ 1391(a)-(d).
General Allegations – YETI’s Intellectual Property
8. For years, YETI has engaged in the design, development, manufacture, sale,
marketing, advertising, and distribution of, among other things, portable coolers, beverageware,
and apparel. YETI 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.
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D780,532 (“the ‘532 patent”), U.S. Design Patent No. D780,533 (“the ‘533 patent”), U.S. Design
Patent No. D786,025 (“the ‘025 patent”), U.S. Design Patent No. D826,003 (“the ‘003 patent”),
and U.S. Design Patent No. D829,058 (“the ‘058 patent”), all related to a beverage holder.
9. 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
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 1 below.
Illustration 1: Exemplary Figure from the ‘397 Patent.
10. The ‘285 patent is entitled “Beverage Holder.” On February 21, 2017, the ‘285
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13. 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 5 below.
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17. The ‘025 patent is entitled “Beverage Holder.” On May 9, 2017, the ‘025 patent
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18. The ‘003 patent is entitled “Beverage Holder.” On August 21, 2018, the ‘003
right, title, and interest to the ‘003 patent. A copy of the ‘003 patent is attached as Exhibit 10.
An exemplary figure from the ‘003 patent is shown in Illustration 10 below.
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19. The ‘058 patent is entitled “Beverage Holder.” On September 25, 2018, the ‘058
right, title, and interest to the ‘058 patent. A copy of the ‘058 patent is attached as Exhibit 11.
An exemplary figure from the ‘058 patent is shown in Illustration 11 below.
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20. For years, YETI has also continuously engaged in the design, development,
manufacture, promotion, and sale of its insulated drinkware, including its 30 oz. Rambler®
Tumbler, 20 oz. Rambler® Tumbler, Rambler® Colster® Beverage Holder, 10 oz. Rambler®
Wine Tumbler, and 14 oz. Rambler® Mug (collectively, “Rambler® Drinkware”). YETI created
unique, distinctive, and non-functional designs to use with YETI’s Rambler® Drinkware. YETI
has extensively and continuously promoted and used these designs in the United States and in
Texas. Through that extensive and continuous promotion and use, YETI’s designs have become
well-known indicators of the origin and quality of YETI’s Rambler® Drinkware products.
YETI’s 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
Rambler® Drinkware designs.
21. YETI has enjoyed significant sales of the Rambler® Drinkware throughout the
United States, including sales to customers in the State of Texas. YETI has invested significant
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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.
22. The designs of the Rambler® Drinkware are distinctive and non-functional and
identify to consumers that the origin of the Rambler® Drinkware is YETI. As a result of at least
YETI’s continuous and exclusive use of the Rambler® Drinkware, YETI’s marketing,
advertising, and sales of the Rambler® Drinkware, and the highly valuable goodwill, substantial
secondary meaning, and fame 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.
23. Exemplary images of a YETI 30 oz. Rambler® Tumbler are shown below:
Illustration 12: Exemplary Images of a YETI 30 oz. Rambler® Tumbler.
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Illustration 12: Exemplary Images of a YETI 30 oz. Rambler® Tumbler.
24. 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
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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.
25. Exemplary images of a YETI 20 oz. Rambler® Tumbler are shown below:
Illustration 13: Exemplary Images of YETI 20 oz. Rambler® Tumbler.
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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 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.
27. Exemplary images of a YETI Rambler® Colster® Beverage Holder are shown
below:
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Illustration 14: Exemplary Images of a YETI Rambler® Colster® Beverage Holder.
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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
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.
29. Exemplary images of a YETI 10 oz. Rambler® Wine Tumbler are shown below:
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Illustration 15: Exemplary Images of a YETI 10 oz. Rambler® Wine Tumbler.
YETI 10 oz. Rambler® Wine Tumbler, which includes the design and appearance of the curves
and tapers in the YETI 10 oz. Rambler® Wine Tumbler; the design and appearance of the profile
of the YETI 10 oz. Rambler® Wine Tumbler; the design and appearance of the walls of the
YETI 10 oz. Rambler® Wine Tumbler; the design and appearance of the rim of the YETI 10 oz.
Rambler® Wine Tumbler; the design, appearance, and placement of the taper in the side wall of
the YETI 10 oz. Rambler® Wine Tumbler; the color contrast and color combinations of the
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YETI 10 oz. Rambler® Wine Tumbler; and the relationship of these features to each other and to
other features.
31. Exemplary images of a YETI 14 oz. Rambler® Mug are shown below:
Illustration 16: Exemplary Images of a YETI 14 oz. Rambler® Mug.
YETI 14 oz. Rambler® Mug, which includes the design and appearance of the curves in the
YETI 14 oz. Rambler® Mug; the design and appearance of the profile of the YETI 14 oz.
Rambler® Mug; the design and appearance of the walls of the YETI 14 oz. Rambler® Mug; the
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design and appearance of the rim of the YETI 14 oz. Rambler® Mug; the design, appearance,
and placement of the handle of the YETI 14 oz. Rambler® Mug; the design, appearance, and
placement of the tab on the lid of the YETI 14 oz. Rambler® Mug; the design, appearance, and
placement of the drinking opening on the lid of the YETI 14 oz. Rambler® Mug; the design,
appearance, and placement of the top plane of the lid of the YETI 14 oz. Rambler® Mug; the
design, appearance, and placement of the side walls of the lid of the YETI 14 oz. Rambler®
Mug; the color contrast and color combinations of the YETI 14 oz. Rambler® Mug and the
tumbler lid of the YETI 14 oz. Rambler® Mug; and the relationship of these features to each
other and to other features.
33. For years, YETI has also continuously engaged in the design, development,
manufacture, promotion, and sale of its Roadie® and Tundra® coolers, including, for example,
the Roadie® 20 cooler, the Tundra® 45 cooler, and the Tundra® 65 cooler (collectively,
“Roadie® and Tundra® Coolers”). YETI created unique, distinctive, and non-functional designs
to use with YETI’s Roadie® and Tundra® Coolers. YETI has extensively and continuously
promoted and used these designs in the United States and Texas. Through that extensive and
continuous promotion and use, YETI’s designs have become a well-known indicator of the
origin and quality of YETI’s Roadie® and Tundra® Cooler products. YETI’s 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 Roadie® and
Tundra® Cooler designs.
34. YETI has enjoyed significant sales of its Roadie® and Tundra® Coolers
throughout the United States, including sales to customers in the State of Texas. YETI has
invested significant resources in the design, development, manufacture, advertising, and
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marketing of its Roadie® and Tundra® Coolers. The designs and features of YETI’s Roadie®
and Tundra® Coolers have received widespread and unsolicited public attention. For example,
the Roadie® and Tundra® Coolers have been featured in numerous newspaper, magazine, and
Internet articles.
35. The designs of the Roadie® and Tundra® Coolers have distinctive and non-
functional features that identify to consumers that the origin of the coolers is YETI. As a result
of at least YETI’s continuous and exclusive use of the designs of the Roadie® and Tundra®
Coolers, YETI’s marketing, advertising, and sales of the Roadie® and Tundra® Coolers, and the
highly valuable goodwill, substantial secondary meaning, and fame acquired as a result, YETI
owns trade dress rights in the designs and appearances of the Roadie® and Tundra® Coolers,
which consumers have come to uniquely associate with YETI.
36. Exemplary images of YETI’s Roadie® and Tundra® Coolers are shown below:
Illustration 17: Exemplary Image of a YETI Roadie® Cooler.
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Illustration 18: Exemplary Images of YETI Tundra® Coolers.
YETI Tundra® 45 Cooler
YETI Tundra® 65 Cooler
37. YETI has trade dress rights in the overall look, design, and appearance of its
Roadie® and Tundra® Coolers, which include the design and appearance of the style line on the
front of the coolers; the design and appearance of the style line on the back of the coolers; the
design and appearance of the front corners (with indentations) of the coolers; the design and
appearance of the style line above the front style line; the design and appearance of the ledge
around the perimeter of the cooler bodies; the design and appearance of the style line on each
side of the coolers; the color contrast and color combinations of the coolers; and the relationship
of these features to each other and to other features.
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38. As a result of YETI’s exclusive, continuous, and substantial use, advertising, and
sales of its Roadie® and Tundra® Coolers and Rambler® Drinkware products bearing YETI’s
trade dress, and the publicity and attention that has been paid to YETI’s trade dress, YETI’s trade
dress has become famous and has acquired valuable goodwill and substantial secondary meaning
in the marketplace, as consumers have come to uniquely associate YETI’s trade dress as a source
identifier of YETI.
39. YETI has also used the trademarks “YETI,” “RAMBLER,” and “YETI
RAMBLER” throughout the United States and the State of Texas in connection with its goods
and services, including at least its portable coolers, beverageware, and apparel.
40. In view of YETI’s extensive and continuous use of “YETI,” “RAMBLER,” and
“YETI RAMBLER,” consumers have come to associate “YETI,” “RAMBLER,” and “YETI
RAMBLER” as source identifiers of YETI, and YETI owns trademark rights in these marks.
Further, YETI owns several trademark registrations, including
i. Trademark Registration No. 3,203,869 (“the ‘869 Registration”) for “YETI”
for portable coolers;
ii. Trademark Registration No. 4,948,370 (“the ‘370 Registration”) for
for clothing, namely, t-shirts, jerseys, shorts, hats,
caps, sweatshirts, socks, jackets;
iii. Trademark Registration No. 4,948,371 (“the ‘371 Registration”) for “YETI”
for clothing, namely, t-shirts, jerseys, shorts, hats, caps, sweatshirts, socks,
jackets;
iv. Trademark Registration No. 4,998,897 (“the ‘897 Registration”) for
“RAMBLER” for jugs;
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v. Trademark Registration No. 5,233,441 (“the ‘441 Registration”) for
“RAMBLER” for beverageware, cups, drinking glasses, tumblers for use as
drinking vessels, jugs, mugs, temperature-retaining drinking vessels, storage
containers for household or domestic use, namely, vacuum container for hot
or cold food and drink, beer growlers, insulated food and drink containers,
stainless steel tumblers for use as drinking vessels, stainless steel drinking
glasses, stainless steel beverageware, drinking straws;
vi. Trademark Registration No. 5,330,469 (“the ‘469 Registration”) for
for custom imprinting of tumblers, jugs and mugs; custom
imprinting of beverageware; custom imprinting of drink holders; custom
imprinting of insulated food and drink containers; custom imprinting of
portable coolers;
vii. Trademark Registration No. 5,341,587 (“the ‘587 Registration”) for “YETI”
for metal strapping or tie downs; metal locks for coolers; metal latches; parts
for portable coolers, namely, corner chocks primarily made of metal;
viii. Trademark Registration No. 5,392,333 (“the ‘333 Registration”) for “YETI”
for custom imprinting of tumblers, jugs and mugs; custom imprinting of
beverageware; custom imprinting of drink holders; custom imprinting of
insulated food and drink containers; custom imprinting of portable coolers;
ix. Trademark Registration No. 5,438,798 (“the ‘798 Registration”) for “YETI”
for seat cushions; non-metal locks for coolers; non-metal latches; parts for
portable coolers, namely, plastic corner chocks;
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x. Trademark Registration No. 5,409,905 (“the ‘905 Registration”) for “YETI
RAMBLER” for beverageware; cups; drinking glasses; tumblers for use as
drinking vessels; jugs; mugs; temperature-retaining drinking vessels; storage
containers for household or domestic use, namely, vacuum container for hot
or cold food and drink; beer growlers; insulated food and drink containers;
insulating sleeve holder for beverage cups; thermal insulated drink holder;
portable stainless steel drink holders for holding individual cups, cans, and
bottles; stainless steel tumblers for use as drinking vessels; stainless steel
drinking glasses; stainless steel beverageware; and
xi. Trademark Registration No. 5,601,737 (“the ‘737 Registration”) for
for shirts; t-shirts; hats; sun shirts; caps; sweatshirts;
hooded sweatshirts; shorts; vests.
Copies of these trademark registrations are attached as Exhibits 12-22. Additionally, the ‘869,
‘370, and ‘371 Registrations are incontestable pursuant to Section 15 of the Lanham Act, 15
U.S.C. § 1065, and thus serve as conclusive evidence of their validity and of YETI’s exclusive
rights to use these marks in commerce pursuant to 15 U.S.C. § 1115(b). YETI also has common
law rights in the “YETI,” “RAMBLER,” and “YETI RAMBLER” trademarks based on YETI’s
use of “YETI,” “RAMBLER,” and “YETI RAMBLER” in commerce in connection with YETI’s
goods and services, including, inter alia, portable coolers, beverageware, and apparel. YETI’s
rights in the “YETI,” “RAMBLER,” and “YETI RAMBLER” trademarks, including the ‘869
Registration, the ‘370 Registration, the ‘371 Registration, the ‘897 Registration, the ‘441
Registration, the ‘905 Registration, and the ‘737 Registration, and its common law rights, are
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collectively referred to as “YETI’s Trademarks.”
41. As a result of, inter alia, YETI’s exclusive, continuous and substantial use of
YETI’s Trademarks, YETI’s exclusive, continuous, and substantial advertising and promoting of
products bearing YETI’s Trademarks, and the publicity and attention that has been paid to
YETI’s Trademarks, these trademarks have become famous in the United States and have
acquired valuable goodwill and substantial secondary meaning in the marketplace, as consumers
have come to uniquely associate YETI’s Trademarks as source identifiers of YETI.
General Allegations – Chilly Moose’s Unlawful Activities
42. Chilly Moose has purposefully advertised, marketed, promoted, offered for sale,
sold, distributed, manufactured, and/or imported, and continues to advertise, market, promote,
offer for sale, sell, distribute, manufacture, and/or import, products that violate YETI’s rights,
including YETI’s design patent rights and YETI’s trade dress rights. Chilly Moose’s infringing
products are confusingly similar imitations of YETI’s products.
43. Chilly Moose has also unlawfully used and continues to unlawfully use YETI’s
Trademarks and/or colorable imitations thereof, in inter alia, advertising, promoting, offering to
sell, selling, and distributing Chilly Moose’s infringing products, and is thereby infringing and
diluting YETI’s Trademarks and intentionally trading on YETI’s goodwill. Chilly Moose’s
actions have all been without the authorization of YETI.
44. Chilly Moose’s infringing drinkware products include at least its 30 oz. tumblers,
20 oz. tumblers, beverage holders, wine tumblers, and mugs. Exemplary images of Chilly
Moose’s infringing drinkware products are shown below:
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Illustration 19: Exemplary Images of Chilly Moose’s Infringing 30 oz. Tumbler

Products from https://www.chillymoose.ca/collections/drinkware.
Illustration 20: Exemplary Images of Chilly Moose’s Infringing 20 oz. Tumbler

Products from https://www.chillymoose.ca/collections/drinkware.
Illustration 21: Exemplary Images of Chilly Moose’s

Infringing Beverage Holder Products from
https://www.chillymoose.ca/collections/drinkware.
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Infringing Wine Tumbler Products from
https://www.chillymoose.ca/collections/drinkware.

Infringing Mug Products from https://www.chillymoose.ca/collections/drinkware.
45. Chilly Moose’s infringing hard cooler products include at least its 20qt cooler.
Exemplary images of Chilly Moose’s infringing hard cooler products are shown below:
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Illustration 24: Exemplary Image of Chilly Moose’s Infringing Hard Cooler Products
from https://www.chillymoose.ca/collections/coolers.
Chilly Moose 20qt Cooler
Illustration 25: Exemplary Image of Chilly Moose’s Infringing Hard Cooler Products
from https://www.facebook.com/chillymoose.ca/.
Chilly Moose 20qt Cooler
46. YETI used its trade dress extensively and continuously before Chilly Moose
began advertising, promoting, offering to sell, selling, distributing, manufacturing, and/or
importing its infringing products. Moreover, YETI’s trade dress became famous and acquired
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secondary meaning in the United States and in the State of Texas generally and in geographic
areas in Texas before Chilly Moose commenced its unlawful use of YETI’s trade dress.
47. Chilly Moose has also infringed YETI’s Trademarks. Screenshots showing
examples of Chilly Moose’s infringing uses of YETI’s Trademarks, and/or colorable imitations
thereof, are shown below:
Illustration 26: Examples of Chilly Moose’s Infringing Uses of YETI’s Trademarks from
Chilly Moose’s Website (portions outlined in red enlarged)
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48. As a result of Chilly Moose’s activities, there is a likelihood of confusion between
Chilly Moose and its products on the one hand, and YETI and its products on the other hand.
49. YETI used YETI’s Trademarks extensively and continuously before Chilly
Moose began advertising, promoting, selling, offering to sell, or distributing its infringing
products. Moreover, YETI’s Trademarks became famous and acquired secondary meaning in
the United States and in the State of Texas generally and in geographic areas in Texas before
Chilly Moose commenced unlawful use of YETI’s trademarks.
Count I:
Patent Infringement of U.S. Patent D752,397 Under 35 U.S.C. § 271
50. YETI realleges and incorporates the allegations set forth in paragraphs 1 through
49 as though fully set forth herein.
51. Chilly Moose has infringed and continues to infringe the ‘397 patent at least by
using, selling, offering to sell, making, and/or importing into the United States Chilly Moose’s
infringing beverage holders, which are covered by the claim of the ‘397 patent.
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52. Chilly Moose’s acts of infringement have been without express or implied license
by YETI, are in violation of YETI’s rights, and will continue unless enjoined by this Court.
53. On information and belief, Chilly Moose’s infringement of the ‘397 patent has
been, and continues to be, deliberate, intentional, and willful.
54. On information and belief, this is an exceptional case in view of Chilly Moose’s
unlawful activities, including Chilly Moose’s deliberate, intentional, and willful infringement.
55. 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.
56. Chilly Moose 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 II:
44
least 35 U.S.C. §§ 281, 284, 285, and 289.
Count III:
least 35 U.S.C. §§ 281, 284, 285, and 289.
45
Count IV:
least 35 U.S.C. §§ 281, 284, 285, and 289.
46
Count V:
least 35 U.S.C. §§ 281, 284, 285, and 289.
Count VI:
47
least 35 U.S.C. §§ 281, 284, 285, and 289.
Count VII:
48
least 35 U.S.C. §§ 281, 284, 285, and 289.
Count VIII:
49
least 35 U.S.C. §§ 281, 284, 285, and 289.
Count IX:
least 35 U.S.C. §§ 281, 284, 285, and 289.
50
Count X:
least 35 U.S.C. §§ 281, 284, 285, and 289.
51
Count XI:
least 35 U.S.C. §§ 281, 284, 285, and 289.
Count XII:
Trade Dress Infringement under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)
52
128. Chilly Moose’s advertisements, promotions, offers to sell, sales, distribution,
manufacture, and/or importing of the infringing products violate § 43(a) of the Lanham Act, 15
U.S.C. § 1125(a), by infringing YETI’s trade dress. Chilly Moose’s use of YETI’s trade dress
and/or colorable imitations thereof is likely to cause confusion, mistake, or deception as to the
affiliation, connection, and/or association of Chilly Moose 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.
129. YETI’s trade dress is entitled to protection under the Lanham Act. YETI’s 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, YETI’s trade dress has become a well-known indicator of the origin and quality
of YETI’s products. YETI’s trade dress has also acquired substantial secondary meaning in the
marketplace. Moreover, YETI’s trade dress acquired this secondary meaning before Chilly
Moose commenced its unlawful use of YETI’s trade dress in connection with the infringing
products.
130. Chilly Moose’s use of YETI’s 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 trade dress, YETI’s products,
and YETI.
131. On information and belief, Chilly Moose’s use of YETI’s trade dress and/or
colorable imitations thereof has been intentional, willful, and malicious. Chilly Moose’s bad
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faith is evidenced at least by the similarity of the infringing products to YETI’s trade dress and
by Chilly Moose’s continuing disregard for YETI’s rights.
132. YETI is entitled to injunctive relief, and YETI is entitled to recover at least Chilly
Moose’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.
Count XIII:
Trade Dress Dilution under § 43(c) of the Lanham Act, 15 U.S.C. § 1125(c)
134. Based on the activities described above, including, for example, Chilly Moose’s
advertising, marketing, promoting, offering for sale, selling, distributing, manufacturing, and/or
importing the infringing products, Chilly Moose is likely to dilute, have diluted, and continue to
dilute YETI’s famous trade dress in violation of § 43(c) of the Lanham Act, 15 U.S.C. § 1125(c).
Chilly Moose’s use of YETI’s trade dress and/or colorable imitations thereof is likely to cause,
and has caused, dilution of YETI’s famous trade dress at least by eroding the public’s exclusive
identification of YETI’s famous trade dress with YETI and YETI’s products, by lessening the
capacity of YETI’s famous trade dress to identify and distinguish YETI’s products, by
associating YETI’s trade dress with products of inferior quality, and by impairing the
distinctiveness of YETI’s famous trade dress.
135. YETI’s trade dress is famous and is entitled to protection under the Lanham Act.
YETI’s trade dress includes unique, distinctive, and non-functional designs. YETI’s trade dress
has acquired distinctiveness through YETI’s extensive and continuous promotion and use of
YETI’s trade dress in the United States. Through that extensive and continuous use, YETI’s
trade dress has become a famous well-known indicator of the origin and quality of YETI’s
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products throughout the United States, and is widely recognized by the general consuming public
as a designation of the source of YETI and YETI’s products. YETI’s trade dress has also
acquired substantial secondary meaning in the marketplace. Moreover, YETI’s trade dress
became famous and acquired this secondary meaning before Chilly Moose commenced its
unlawful use of YETI’s trade dress in connection with the infringing products.
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 trade dress, YETI’s
products, and YETI.
Chilly Moose’s continuing disregard for YETI’s rights.
138. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least
Chilly Moose’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 XIV:
Trade Dress Dilution Under Tex. Bus. & Com. Code § 16.103
advertising, marketing, promoting, offering for sale, selling, distributing, manufacturing, and/or
importing the infringing products, Chilly Moose is likely to dilute, have diluted, and continue to
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dilute YETI’s trade dress in violation of § 16.103 of the Texas Business & Commerce Code.
Chilly Moose’s use of YETI’s trade dress and/or colorable imitations thereof is likely to cause,
and has caused, dilution of YETI’s famous trade dress at least by eroding the public’s exclusive
identification of YETI’s famous trade dress with YETI, by lessening the capacity of YETI’s
famous trade dress to identify and distinguish YETI’s products, by associating YETI’s trade
dress with products of inferior quality, and by impairing the distinctiveness of YETI’s famous
trade dress.
141. YETI’s trade dress is famous and is entitled to protection under Texas law.
YETI’s 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, YETI’s trade dress has become a
famous well-known indicator of the origin and quality of YETI’s products in the United States
and in the State of Texas generally and in geographic areas in Texas, and YETI’s 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 YETI’s products. YETI’s trade dress has also acquired
substantial secondary meaning in the marketplace, including in the State of Texas and in
geographic areas in Texas. Moreover, YETI’s trade dress became famous and acquired this
secondary meaning before Chilly Moose commenced its unlawful use of YETI’s trade dress in
connection with the infringing products.
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injury to the goodwill and reputation for quality associated with YETI’s trade dress, YETI’s
products, and YETI.
by Chilly Moose’s continuing disregard for YETI’s rights.
Chilly Moose’s profits, YETI’s actual damages, enhanced profits and damages, and reasonable
attorney fees under at least Tex. Bus. & Com. Code § 16.104.
Count XV:
Trademark Infringement under § 32(1) of the Lanham Act, 15 U.S.C. § 1114(1)
146. Based on the activities described above, including, for example, Chilly Moose
using YETI’s federally registered trademarks, including at least the trademarks protected by the
‘869 Registration, the ‘370 Registration, the ‘371 Registration, the ‘897 Registration, the ‘441
Registration, the ‘905 Registration, and the ‘737 Registration, and/or colorable imitations
thereof, in connection with advertising, promoting, offering for sale, selling, distributing,
manufacturing, and/or importing the infringing products, Chilly Moose has infringed YETI’s
federally registered trademarks under § 32(1) of the Lanham Act, 15 U.S.C. § 1114(1). Chilly
Moose’s use of YETI’s federally registered trademarks, including through counterfeits,
reproductions, copies, and/or colorable imitations thereof is likely to cause confusion, or to cause
mistake, or to deceive.
57
147. Chilly Moose’s use of YETI’s federally registered trademarks, including through
counterfeits, reproductions, copies, 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 federally registered trademarks, YETI’s
products, and YETI.
148. On information and belief, Chilly Moose’s use of YETI’s federally registered
trademarks, including through counterfeits, reproductions, copies, and/or colorable imitations
thereof, has been intentional, willful, and malicious. Chilly Moose’s bad faith is evidenced at
least by Chilly Moose’s unlawful use of YETI’s federally registered trademarks in an effort to
sell the infringing products, Chilly Moose’s infringements of YETI’s other rights, and Chilly
Moose’s continuing disregard for YETI’s rights.
under at least 15 U.S.C. §§ 1114(1), 1116, and 1117.
Count XVI:
Trademark Infringement under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)
use of YETI’s Trademarks and/or colorable imitations thereof, Chilly Moose violates § 43(a) of
the Lanham Act, 15 U.S.C. § 1125(a). Chilly Moose’s use of YETI’s Trademarks and/or
colorable imitations thereof is likely to cause confusion, mistake, or deception as to the
affiliation, connection, and/or association of Chilly Moose with YETI and as to the origin,
58
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.
152. YETI’s Trademarks are entitled to protection under the Lanham Act. YETI’s
Trademarks are inherently distinctive. YETI has extensively and continuously promoted and
used YETI’s Trademarks in the United States. Through that extensive and continuous use,
YETI’s Trademarks have become well-known indicators of the origin and quality of YETI’s
products. YETI’s Trademarks have also acquired substantial secondary meaning in the
marketplace. Moreover, YETI’s Trademarks acquired this secondary meaning before Chilly
Moose commenced its unlawful use of YETI’s Trademarks in connection with the infringing
products.
153. Chilly Moose’s use of YETI’s Trademarks, including through counterfeits,
reproductions, copies, 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 Trademarks, YETI’s products, and YETI.
154. On information and belief, Chilly Moose’s use of YETI’s Trademarks, including
through counterfeits, reproductions, copies, and/or colorable imitations thereof, has been
intentional, willful, and malicious. Chilly Moose’s bad faith is evidenced at least by Chilly
Moose’s unlawful use of YETI’s Trademarks to sell the infringing products, Chilly Moose’s
infringement of YETI’s other rights, and Chilly Moose’s continuing disregard for YETI’s rights.
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under at least 15 U.S.C. §§ 1125(a), 1116, and 1117.
Count XVII:
Trademark Dilution under § 43(c) of the Lanham Act, 15 U.S.C. § 1125(c)
use of YETI’s Trademarks and/or colorable imitations thereof, Chilly Moose is likely to dilute,
has diluted, and continues to dilute YETI’s famous Trademarks in violation of § 43(c) of the
Lanham Act, 15 U.S.C. § 1125(c). Chilly Moose’s use of YETI’s Trademarks, including
through counterfeits, reproductions, copies, and/or colorable imitations thereof, is likely to cause,
and has caused, dilution of YETI’s famous Trademarks at least by eroding the public’s exclusive
identification of YETI’s famous Trademarks with YETI and YETI’s products, by lessening the
capacity of YETI’s famous Trademarks to identify and distinguish YETI’s products, by
associating YETI’s Trademarks with products of inferior quality, and by impairing the
distinctiveness of YETI’s famous Trademarks.
158. YETI’s Trademarks are famous and are entitled to protection under the Lanham
Act. YETI’s Trademarks are inherently distinctive. YETI’s Trademarks also have acquired
distinctiveness through YETI’s extensive and continuous promotion and use of YETI’s
Trademarks in the United States. Through that extensive and continuous use, YETI’s
Trademarks have become famous, well-known indicators of the origin and quality of YETI’s
products throughout the United States, and are widely recognized by the general consuming
public as a designation of the source of YETI and YETI’s products. YETI’s Trademarks have
60
also acquired substantial secondary meaning in the marketplace. Moreover, YETI’s Trademarks
became famous and acquired this secondary meaning before Chilly Moose commenced its
unlawful use of YETI’s Trademarks in connection with the infringing products.
reproductions, copies, 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
Chilly Moose’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 XVIII:
Trademark Dilution under Tex. Bus. & Com. Code § 16.103
use of YETI’s Trademarks and/or colorable imitations thereof, Chilly Moose is likely to dilute,
has diluted, and continues to dilute YETI’s Trademarks in violation § 16.103 of the Texas
Business & Commerce Code. Chilly Moose’s use of YETI’s Trademarks and/or colorable
61
imitations thereof is likely to cause, and has caused, dilution of YETI’s famous Trademarks at
least by eroding the public’s exclusive identification of YETI’s Trademarks with YETI, by
lessening the capacity of YETI’s famous Trademarks to identify and distinguish YETI’s
products, and by impairing the distinctiveness of YETI’s famous Trademarks.
164. YETI’s Trademarks are famous and are entitled to protection under Texas law.
YETI has extensively and continuously promoted and used its Trademarks in the United States
and in the State of Texas. Through that extensive and continuous use, YETI’s Trademarks have
become famous and well-known indicators of the origin and quality of YETI’s products in the
United States and in the State of Texas generally and in geographic areas in Texas, and YETI’s
Trademarks are widely recognized by the public throughout Texas and in geographic areas in
Texas as a designation of the source of YETI and YETI’s products. YETI’s Trademarks have
also acquired substantial secondary meaning in the marketplace, including in the State of Texas
and in geographic areas in Texas. Moreover, YETI’s Trademarks became famous and acquired
this secondary meaning before Chilly Moose commenced its unlawful use of YETI’s Trademarks
in connection with the infringing products.
165. Chilly Moose’s use of YETI’s Trademarks and/or colorable imitations thereof has
injury to the goodwill and reputation for quality associated with YETI’s Trademarks, YETI’s
products, and YETI.
166. On information and belief, Chilly Moose’s use of YETI’s Trademarks and/or
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faith is evidenced at least by Chilly Moose’s unlawful use of YETI’s Trademarks to sell the
infringing products, and by Chilly Moose’s continuing disregard for YETI’s rights.
Chilly Moose’s profits, YETI’s actual damages, enhanced profits and damages, and reasonable
attorney fees under at least Tex. Bus. & Com. Code § 16.104.
Count XIX:
Unfair Competition and False Designation of Origin under § 43(a)
of the Lanham Act, 15 U.S.C. § 1125(a)
169. Chilly Moose’s advertisements, marketing, promotions, offers to sell, sales,
distribution, manufacture, and/or importing of 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 Chilly Moose has obtained an unfair advantage
as compared to YETI through Chilly Moose’s use of YETI’s trade dress and Trademarks and
because such use is likely to cause consumer confusion as to the origin, sponsorship, and/or
affiliation of Chilly Moose’s infringing products, at least by creating the false and misleading
impression that its infringing products are manufactured by, authorized by, or otherwise
associated with YETI.
170. YETI’s trade dress and YETI’s Trademarks are entitled to protection under the
Lanham Act. YETI’s trade dress includes unique, distinctive, and non-functional designs. YETI
has extensively and continuously promoted and used its trade dress and Trademarks in the
United States. Through that extensive and continuous use, YETI’s trade dress and YETI’s
Trademarks have become well-known indicators of the origin and quality of YETI’s products.
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YETI’s trade dress and YETI’s Trademarks have also acquired substantial secondary meaning in
the marketplace. Moreover, YETI’s trade dress and YETI’s Trademarks acquired this secondary
meaning before Chilly Moose commenced its unlawful use of YETI’s trade dress and YETI’s
Trademarks in connection with the infringing products.
171. Chilly Moose’s use of YETI’s trade dress and Trademarks 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 trade dress, YETI’s Trademarks, YETI’s products, and YETI.
172. On information and belief, Chilly Moose’s use of YETI’s trade dress and
Trademarks and colorable imitations thereof has been intentional, willful, and malicious. Chilly
Moose’s bad faith is evidenced at least by its use of YETI’s exact Trademarks and the similarity
of the infringing products to YETI’s trade dress and by Chilly Moose’s continuing disregard for
YETI’s rights.
Chilly Moose’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.
Count XX:
Common Law Trade Dress Infringement
YETI, constitute common law trade dress infringement, at least because Chilly Moose’s use of
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YETI’s trade dress and/or colorable imitations thereof is likely to cause consumer confusion as
to the origin, sponsorship, and/or affiliation of its infringing products, at least by creating the
false and misleading impression that its infringing products are manufactured by, authorized by,
or otherwise associated with YETI.
176. YETI’s trade dress is entitled to protection under the common law. YETI’s 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 the State of Texas.
Through that extensive and continuous use, YETI’s trade dress has become a well-known
indicator of the origin and quality of YETI’s products. YETI’s trade dress has also acquired
substantial secondary meaning in the marketplace. Moreover, YETI’s trade dress acquired this
secondary meaning before Chilly Moose commenced its unlawful use of YETI’s trade dress in
connection with its infringing products.
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 trade dress, YETI’s products,
and YETI.
faith is evidenced at least by the similarity of it its infringing products to YETI’s trade dress and
Chilly Moose’s continuing disregard for YETI’s rights.
YETI’s damages, Chilly Moose’s profits, punitive damages, costs, and reasonable attorney fees.
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Count XXI:
Common Law Trademark Infringement
181. Chilly Moose’s activities described above, including, for example, Chilly
Moose’s use of YETI’s Trademarks and/or colorable imitations thereof, in direct competition
with YETI, constitute common law trademark infringement, at least because Chilly Moose’s use
of YETI’s Trademarks, including through counterfeits, reproductions, copies, 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.
182. YETI’s Trademarks are entitled to protection under the common law. YETI has
extensively and continuously promoted and used its Trademarks in the United States and the
State of Texas. Through that extensive and continuous use, YETI’s Trademarks have become
well-known indicators of the origin and quality of YETI’s products. YETI’s Trademarks have
also acquired substantial secondary meaning in the marketplace. Moreover, YETI’s Trademarks
acquired this secondary meaning before Chilly Moose commenced its unlawful use of YETI’s
Trademarks in connection with the infringing products.
reproductions, copies, 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
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Count XXII:
Common Law Unfair Competition
YETI, constitute common law unfair competition, at least by palming off/passing off of Chilly
Moose’s goods, by simulating YETI’s trade dress and Trademarks in an intentional and
calculated manner that is likely to cause consumer confusion as to origin, sponsorship, and/or
affiliation of Chilly Moose’s infringing products, at least by creating the false and misleading
impression that its infringing products are manufactured by, authorized by, or otherwise
associated with YETI. Chilly Moose has also interfered with YETI’s business.
common law. YETI’s trade dress includes unique, distinctive, and non-functional designs.
YETI’s Trademarks are inherently distinctive. YETI has extensively and continuously promoted
and used YETI’s trade dress and YETI’s Trademarks for years in the United States and the State
of Texas. Through that extensive and continuous use, YETI’s trade dress and YETI’s
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Trademarks in connection with its infringing products.
189. Chilly Moose’s use of YETI’s trade dress and Trademarks 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 trade dress, YETI’s Trademarks, YETI’s products, and YETI.
faith is evidenced at least by its use of YETI’s exact Trademarks and the similarity of its
infringing products to YETI’s trade dress and Chilly Moose’s continuing disregard for YETI’s
rights.
Count XXIII:
Common Law Misappropriation
manufacture, and/or importing of the infringing products, in direct competition with YETI,
constitute common law misappropriation.
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194. YETI created the Rambler® Drinkware and Roadie® and Tundra® Coolers
covered by YETI’s trade dress and YETI’s Trademarks through extensive time, labor, effort,
skill, and money. Chilly Moose has wrongfully used YETI’s trade dress and YETI’s Trademarks
and/or colorable imitations thereof in competition with YETI and gained a special advantage
because Chilly Moose was not burdened with the expenses incurred by YETI. Chilly Moose has
commercially damaged YETI, at least by causing consumer confusion as to origin and/or
sponsorship/affiliation of Chilly Moose’s infringing products, by creating the false and
misleading impression that their infringing products are manufactured by, authorized by, or
otherwise associated with YETI, and by taking away sales that YETI would have made.
Trademarks in connection with its infringing products.
196. Chilly Moose’s use of YETI’s trade dress and YETI’s Trademarks 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
69
associated with YETI’s trade dress and YETI’s Trademarks with YETI and YETI’s products.
Moreover, as a result of its misappropriation, Chilly Moose has profited and, unless such conduct
is enjoined by this Court, will continue to profit by misappropriating the time, effort, and money
that YETI invested in establishing the reputation and goodwill associated with YETI’s trade
dress and YETI’s Trademarks with YETI and YETI’s products.
197. On information and belief, Chilly Moose’s misappropriation of YETI’s trade
dress and YETI’s Trademarks and/or colorable imitations thereof has been intentional, willful,
and malicious. Chilly Moose’s bad faith is evidenced at least by its use of YETI’s exact
Trademarks and the similarity of its infringing products to YETI’s trade dress and YETI’s
Trademarks and Chilly Moose’s continuing disregard for YETI’s rights.
Count XXIV:
Unjust Enrichment
manufacture, and/or importing of its infringing products, in direct competition with YETI,
constitute unjust enrichment, at least because Chilly Moose has wrongfully obtained benefits at
YETI’s expense. Chilly Moose has also, inter alia, operated with an undue advantage.
201. YETI created the Rambler® Drinkware and Roadie® and Tundra® Coolers
covered by YETI’s trade dress and YETI’s Trademarks through extensive time, labor, effort,
skill, and money. Chilly Moose has wrongfully used and is wrongfully using YETI’s trade dress
and YETI’s Trademarks and/or colorable imitations thereof in competition with YETI, and has
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gained and is gaining a wrongful benefit by undue advantage through such use. Chilly Moose
has not been burdened with the expenses incurred by YETI, yet Chilly Moose is obtaining the
resulting benefits for its own business and products.
Trademarks and colorable imitations thereof in connection with its infringing products.
203. Chilly Moose’s use of YETI’s trade dress and YETI’s Trademarks 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 YETI’s trade dress and YETI’s Trademarks with YETI and YETI’s products.
YETI accumulated this goodwill and reputation through extensive time, labor, effort, skill, and
investment. Chilly Moose has wrongfully obtained and is wrongfully obtaining a benefit at
YETI’s expense by taking undue advantage and free-riding on YETI’s efforts and investments,
and enjoying the benefits of YETI’s hard-earned goodwill and reputation.
204. On information and belief, Chilly Moose’s unjust enrichment at YETI’s expense
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has been intentional, willful, and malicious. Chilly Moose’s bad faith is evidenced at least by the
similarity of its infringing products to YETI’s trade dress and YETI’s Trademarks, and Chilly
Moose’s continuing disregard for YETI’s rights.
Chilly Moose’s profits.
Demand for Jury Trial
YETI hereby demands a jury trial on all issues so triable.
Relief Sought
WHEREFORE, Plaintiff respectfully prays for:
1. Judgment that Chilly Moose has (i) infringed the ‘397 patent in violation of § 271
of Title 35 in the United States Code; (ii) infringed the ‘285 patent in violation of § 271 of Title
35 in the United States Code; (iii) infringed the ‘891 patent in violation of § 271 of Title 35 in
the United States Code; (iv) infringed the ‘892 patent in violation of § 271 of Title 35 in the
United States Code; (v) infringed the ‘530 patent in violation of § 271 of Title 35 in the United
States Code; (vi) infringed the ‘531 patent in violation of § 271 of Title 35 in the United States
Code; (vii) infringed the ‘532 patent in violation of § 271 of Title 35 in the United States Code;
(viii) infringed the ‘533 patent in violation of § 271 of Title 35 in the United States Code; (ix)
infringed the ‘025 patent in violation of § 271 of Title 35 in the United States Code; (x) infringed
the ‘003 patent in violation of § 271 of Title 35 in the United States Code; (xi) infringed the ‘058
patent in violation of § 271 of Title 35 in the United States Code; (xii) infringed YETI’s trade
dress in violation of § 1125(a) of Title 15 in the United States Code; (xiii) diluted YETI’s trade
dress in violation of § 1125(c) of Title 15 in the United States Code; (xiv) diluted YETI’s trade
dress in violation of Tex. Bus. & Com. Code § 16.103; (xv) infringed YETI’s registered
72
trademarks in violation of § 1114(1) of Title 15 in the United States Code; (xvi) infringed
YETI’s Trademarks in violation of § 1125(a) of Title 15 in the United States Code; (xvii) diluted
YETI’s Trademarks in violation of § 1125(c) of Title 15 in the United States Code; (xviii)
diluted YETI’s Trademarks in violation of Tex. Bus. & Com. Code § 16.103; (xix) engaged in
unfair competition and false designation of origin in violation of § 1125(a) of Title 15 in the
United States Code; (xx) violated YETI’s common law rights in YETI’s trade dress; (xxi)
violated YETI’s common law rights in YETI’s Trademarks; (xxii) engaged in common law
unfair competition; (xxiii) engaged in common law misappropriation; and (xxiv) been unjustly
enriched at YETI’s expense, and that all of these wrongful activities by Chilly Moose was
willful;
2. An injunction against further infringement of YETI’s design patents, further
infringement and dilution of YETI’s trade dress and YETI’s Trademarks, and further acts of
unfair competition, misappropriation, and unjust enrichment by Chilly Moose, 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,
manufacturing, importing, or advertising the infringing products, or any other products that use a
copy, reproduction, or colorable imitation of YETI’s design patents, trade dress, and/or
Trademarks, pursuant to at least 15 U.S.C. § 1116 and Tex. Bus. & Com. Code § 16.104, and 35
U.S.C. § 283;
3. An Order directing Chilly Moose 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
73
imitation of YETI’s trade dress or Trademarks in Chilly Moose’s possession or control, (iii) all
plates, molds, and other means of making the infringing products in Chilly Moose’s possession,
custody, or control, and (iv) all advertising materials related to the infringing products in Chilly
Moose’s possession, custody, or control, including on the Internet, pursuant to at least 15 U.S.C.
§ 1118;
5. An Order directing Chilly Moose to publish a public notice providing proper
attribution of YETI’s trade dress and YETI’s Trademarks 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 Chilly Moose’s profits from
its 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 Chilly Moose’s profits, YETI’s actual damages, enhanced damages,
punitive 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.
74
Dated: August 23, 2019 Respectfully submitted,
By: /s/ Joseph J. Berghammer

Joseph J. Berghammer (admitted in the Western
District of Texas)
Illinois Bar No. 6273690
jberghammer@bannerwitcoff.com
Michael L. Krashin (admitted in the Western
District of Texas)
mkrashin@bannerwitcoff.com
Sean J. Jungels (admitted in the Western District of
Texas)
sjungels@bannerwitcoff.com
Banner & Witcoff, Ltd.
71 South Wacker Drive
Suite 3600
Chicago, IL 60606
Telephone: (312) 463-5000
Facsimile: (312) 463-5001
ATTORNEYS FOR YETI COOLERS, LLC
75
Case 1:19-cv-00834 Document 1-1 Filed 08/23/19 Page 1 of 2
JS 44 (Rev. 06/17) 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 Chilly Moose Ltd., and Schomberg Sheet Metal Limited
(b) County of Residence of First Listed Plaintiff Travis County of Residence of First Listed Defendant
(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, Michael L. Krashin, Sean J. Jungels
Banner & Witcoff, Ltd, 71 S. Wacker Drive, Suite 3600,
Chicago, Illinois 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) Click here for: Nature of Suit Code Descriptions.
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 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third 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:
Trademark Infringement and Dilution, Trade Dress Infringement and Dilution 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
08/23/2019 /s/ Joseph J. Berghammer
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 06/17) Case 1:19-cv-00834 Document 1-1 Filed 08/23/19 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)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
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.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
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
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
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. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
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
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
EXHIBIT 9
EXHIBIT 10
EXHIBIT 11
EXHIBIT 12
EXHIBIT 13
EXHIBIT 14
EXHIBIT 15
EXHIBIT 16
Reg. No. 5,233,441 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
5301 Southwest Parkway, Suite 200
Registered Jun. 27, 2017 Austin, TX 78735
CLASS 21: Beverageware; cups; drinking glasses; tumblers for use as drinking vessels; jugs;
Int. Cl.: 21 mugs; temperature-retaining drinking vessels; storage containers for household or domestic
use, namely, vacuum container for hot or cold food and drink; beer growlers; insulated food
Trademark and drink containers; stainless steel tumblers for use as drinking vessels; stainless steel
drinking glasses; stainless steel beverageware; drinking straws
Principal Register
FIRST USE 3-31-2014; IN COMMERCE 3-31-2014
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR
OWNER OF U.S. REG. NO. 4831955, 4871725
SER. NO. 86-908,950, FILED 02-16-2016

NANCY G ULRICH, EXAMINING ATTORNEY
REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Periods*

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5233441
EXHIBIT 17
7601 Southwest Pkwy
Registered Nov. 07, 2017 Austin, TEXAS 78735
CLASS 40: custom imprinting of tumblers, jugs and mugs; custom imprinting of
Int. Cl.: 40 beverageware; custom imprinting of drink holders; custom imprinting of insulated food and
drink containers; custom imprinting of portable coolers
Service Mark
Principal Register
The mark consists of the word "YETI" in stylized font.
OWNER OF U.S. REG. NO. 4833419, 4818317, 3203869
SER. NO. 86-930,035, FILED 03-04-2016





Page: 2 of 2 / RN # 5330469
EXHIBIT 18
7601 Southwest Pkwy
CLASS 6: Metal strapping or tie downs; Metal locks for coolers; Metal latches; parts for
Int. Cl.: 6 portable coolers, namely, corner chocks primarily made of metal
Trademark FIRST USE 8-00-2007; IN COMMERCE 8-00-2007
Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
OWNER OF U.S. REG. NO. 3203869
SER. NO. 86-982,761, FILED 01-09-2014





Page: 2 of 2 / RN # 5341587
EXHIBIT 19
7601 Southwest Pkwy
Registered Jan. 30, 2018 Austin, TEXAS 78735
CLASS 40: Custom imprinting of tumblers, jugs and mugs; Custom imprinting of
Int. Cl.: 40 beverageware; Custom imprinting of drink holders; Custom imprinting of insulated food and
drink containers; Custom imprinting of portable coolers
Service Mark
Principal Register
OWNER OF U.S. REG. NO. 4833419, 3203869, 4871725
SER. NO. 86-856,068, FILED 12-21-2015





Page: 2 of 2 / RN # 5392333
EXHIBIT 20
7601 Southwest Pkwy
Registered Apr. 03, 2018 Austin, TEXAS 78735
CLASS 20: Seat cushions; Non-metal locks for coolers; Non-metal latches; parts for portable
Int. Cl.: 20 coolers, namely, plastic corner chocks
Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
OWNER OF U.S. REG. NO. 3203869
SER. NO. 86-982,760, FILED 01-09-2014





Page: 2 of 2 / RN # 5438798
EXHIBIT 21
7601 Southwest Pkwy
Registered Feb. 27, 2018 Austin, TEXAS 78735
CLASS 21: Beverageware; cups; drinking glasses; tumblers for use as drinking vessels; jugs;
Int. Cl.: 21 mugs; temperature-retaining drinking vessels; storage containers for household or domestic
use, namely, vacuum container for hot or cold food and drink; beer growlers; insulated food
Trademark and drink containers; insulating sleeve holder for beverage cups; thermal insulated drink
holder; portable stainless steel drink holders for holding individual cups, cans, and bottles;
Principal Register stainless steel tumblers for use as drinking vessels; stainless steel drinking glasses; stainless
steel beverageware

OWNER OF U.S. REG. NO. 4833419, 3203869, 4871725
SER. NO. 86-856,088, FILED 12-21-2015





Page: 2 of 2 / RN # 5409905
EXHIBIT 22
7601 Southwest Pkwy
CLASS 25: shirts; t-shirts; hats; sun shirts; caps; sweatshirts; hooded sweatshirts; shorts;
Int. Cl.: 25 vests
Principal Register The mark consists of the word "YETI" in stylized font.
OWNER OF U.S. REG. NO. 4833419, 4818317, 3203869
SER. NO. 86-984,120, FILED 03-04-2016





Page: 2 of 2 / RN # 5601737

Yeti Coolers v. Chilly Moose - Complaint

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Case 1:19-cv-00834 Document 1 Filed 08/23/19 Page 1 of 75

UNITED STATES DISTRICT COURT

YETI Coolers, LLC, Case No. 19-cv-00834

Plaintiff, COMPLAINT FOR DAMAGES AND

Jury Trial Demanded

Schomberg Sheet Metal Limited (collectively “Chilly Moose”), alleges as follows:

2. On information and belief, Chilly Moose Ltd. is a Canadian company with a

3. On information and belief, Schomberg Sheet Metal Limited is a Canadian

Jurisdiction and Venue

advertisements, promotions, offers to sell, sales, distribution, manufacture, and/or importing of

common law, including the law of Texas.

least through Chilly Moose’s principal web sites, https://www.chillymoose.ca/,

https://www.facebook.com/chillymoose.ca/, https://www.instagram.com/chilly.moose/, and

7. Venue is proper in this District pursuant to at least 28 U.S.C. §§ 1391(a)-(d).

General Allegations – YETI’s Intellectual Property

exemplary figure from the ‘397 patent is shown in Illustration 1 below.

Illustration 1: Exemplary Figure from the ‘397 Patent.

exemplary figure from the ‘285 patent is shown in Illustration 2 below.

Illustration 2: Exemplary Figure from the ‘285 Patent.

exemplary figure from the ‘891 patent is shown in Illustration 3 below.

Illustration 3: Exemplary Figure from the ‘891 Patent.

exemplary figure from the ‘892 patent is shown in Illustration 4 below.

Illustration 4: Exemplary Figure from the ‘892 Patent.

figure from the ‘530 patent is shown in Illustration 5 below.

Illustration 5: Exemplary Figure from the ‘530 Patent.

figure from the ‘531 patent is shown in Illustration 6 below.

Illustration 6: Exemplary Figure from the ‘531 Patent.

figure from the ‘532 patent is shown in Illustration 7 below.

Illustration 7: Exemplary Figure from the ‘532 Patent.

figure from the ‘533 patent is shown in Illustration 8 below.

Illustration 8: Exemplary Figure from the ‘533 Patent.

figure from the ‘025 patent is shown in Illustration 9 below.

Illustration 9: Exemplary Figure from the ‘025 Patent.

An exemplary figure from the ‘003 patent is shown in Illustration 10 below.

Illustration 10: Exemplary Figure from the ‘003 Patent.

An exemplary figure from the ‘058 patent is shown in Illustration 11 below.

Illustration 11: Exemplary Figure from the ‘058 Patent.

Rambler® Drinkware designs.

numerous newspaper, magazine, and Internet articles.

Illustration 12: Exemplary Images of a YETI 30 oz. Rambler® Tumbler.

Illustration 12: Exemplary Images of a YETI 30 oz. Rambler® Tumbler.

Illustration 13: Exemplary Images of YETI 20 oz. Rambler® Tumbler.

other and to other features.

Illustration 14: Exemplary Images of a YETI Rambler® Colster® Beverage Holder.

Illustration 15: Exemplary Images of a YETI 10 oz. Rambler® Wine Tumbler.

Illustration 16: Exemplary Images of a YETI 14 oz. Rambler® Mug.

other and to other features.

Tundra® Cooler designs.

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

which consumers have come to uniquely associate with YETI.

Illustration 17: Exemplary Image of a YETI Roadie® Cooler.

Illustration 18: Exemplary Images of YETI Tundra® Coolers.

YETI Tundra® 45 Cooler

YETI Tundra® 65 Cooler

of these features to each other and to other features.

Further, YETI owns several trademark registrations, including

i. Trademark Registration No. 3,203,869 (“the ‘869 Registration”) for “YETI”

for portable coolers;

ii. Trademark Registration No. 4,948,370 (“the ‘370 Registration”) for

for clothing, namely, t-shirts, jerseys, shorts, hats,

caps, sweatshirts, socks, jackets;

iv. Trademark Registration No. 4,998,897 (“the ‘897 Registration”) for

“RAMBLER” for jugs;

v. Trademark Registration No. 5,233,441 (“the ‘441 Registration”) for