You have reached your limit of free articles this month.

Enjoy unlimited access to myStatesman.com

Starting at just 99¢ for 8 weeks.

GREAT REASONS TO SUBSCRIBE TODAY!

  • IN-DEPTH REPORTING
  • INTERACTIVE STORYTELLING
  • NEW TOPICS & COVERAGE
  • ePAPER
X

You have read of premium articles.

Get unlimited access to all of our breaking news, in-depth coverage and bonus content- exclusively for subscribers. Starting at just 99¢ for 8 weeks

X

Welcome to myStatesman.com

This subscriber-only site gives you exclusive access to breaking news, in-depth coverage, exclusive interactives and bonus content.

You can read free articles of your choice a month that are only available on myStatesman.com.

Yeti sues 2 more competitors, claims products ‘confusingly similar’


Highlights

The maker of high-end coolers and drinkware filed suit Friday against Axis Cups and Bayou Ice Boxes.

Yeti also wants both companies to recall the ‘infringing’ products and offer refunds.

Austin-based Yeti Coolers is continuing its attack on companies it accuses of making products that are “confusingly similar” to its own, filing suit in federal court against two more competitors.

The maker of high-end coolers and drinkware filed suit Friday against Livingston-based Axis Cups and Irvington, Ala.-based Bayou Ice Boxes, seeking to force the companies to recall existing products and redesign their products going forward. Yeti is also requesting monetary damages. Both cases were filed in U.S. District Court in Austin.

Yeti recently settled a similar suit against competitor RTIC. Under terms of that agreement, RTIC can no longer manufacture the “offending” products. The company has until May 1 to sell any remaining coolers and thermal mugs in its stock. Yeti and RTIC each agreed to pay their own legal fees.

In the two new cases, Yeti’s claims are similar to those made against RTIC and, before that, Mammoth Coolers.

Axis Cups and Bayou Ice Boxes have, according to Yeti, “purposely advertised, promoted, offered for sale, sold and/or distributed, and continue to advertise, promote, offer for sale, sell and/or distribute coolers and drinkware that violate Yeti’s rights, including the rights protected by Yeti’s intellectual property,” the suit says.

Both companies are making — or importing — the “infringing products” without authorization from Yeti, the lawsuit alleges.

Axis Cups and Bayou Ice Boxes didn’t respond to messages from the American-Statesman seeking comment on the lawsuit.

There is “a likelihood of confusion,” Yeti says, between its own products and the coolers and drinkware Axis Cups and Bayou Ice Boxes are selling because they are “confusingly similar imitations.” The similarities are “intentional, willful and malicious,” according to the suit.

The companies Yeti has sued typically sell their products for less than what Yeti’s own coolers and drinkware go for online or in retail stores, such as the new flagship store Yeti opened recently on South Congress Avenue. A 50-quart Yeti Tundra 50 cooler, for instance, sells for $379.99 while the Bayou Cooler 50 from Bayou Ice Boxes goes for $249.95.

Yeti claims in court documents that it was already a well-established company by the time Axis Cups and Bayou Ice Boxes started marketing their products.

“Yeti’s trade dress became famous and acquired secondary meaning in the United States and in the state of Texas generally and in geographic areas in Texas before (Axis Cups and Bayou Ice Boxes) commenced unlawful use of Yeti’s trade dress,” the suit says.

Citing “substantial and irreparable injury,” Yeti asks the court to issue an injunction preventing Axis Cups and Bayou Ice Boxes from selling the products in question.

Yeti also wants both companies to recall the “infringing” products and offer refunds to customers who bought them. The recalled products would then be destroyed, along with related advertising and manufacturing materials.

Yeti also asks that it be awarded both companies’ profits, as well as “Yeti’s actual damages, enhanced damages, exemplary damages, costs, pre-judgment and post-judgment interest and reasonable attorney fees.”

A trial date has not been set.



Reader Comments ...


Next Up in Business

Have a great workplace? Let us know
Have a great workplace? Let us know

Help us spread the word about the best places to work in Austin. Nominations are now open for the American-Statesman’s 2017 Top Workplaces of Greater Austin project. The project recognizes employers that stand for the best in leadership, vision, an employee-centered culture and other qualities. Any employer is eligible — private company...
Up the Ladder

Biomedical Aeglea BioTherapeutics has named Anthony Quinn interim chief medical officer. Health care St. David’s HealthCare has named Diana Kraus assistant vice president of trauma. Professional honors Sandra D. Gonzalez of Greenberg Traurig has been elected to the Fellows of the Texas Bar Foundation.
Top Local Business Stories of the Week
Top Local Business Stories of the Week

WHOLE FOODS TAKEOVER? Report says Albertsons considering takeover bid for Whole Foods: Supermarket chain Albertsons is exploring a possible takeover of Austin-based Whole Foods Market, the Financial Times reported last week, citing unnamed sources. Albertsons, which operates about 2,200 stores, is controlled by buyout group Cerberus Capital Management...
House tax plan has surprising implications

Last June, Republicans in the House Ways and Means Committee rolled out their “Better Way” tax reform plan. It proposes big changes to business and personal taxation. Critics say it’s regressive and will likely decrease revenues because of the cut in personal rates. But a closer look suggests neither is true. Moreover, the business...
Business Digest: Germany-based group buys Austin office building

COMMERCIAL REAL ESTATE Germany-based group buys Austin office building The Capital Ridge office building in Southwest Austin has a new owner. GLL Real Estate Partners, a real estate fund management group based in Munich, Germany, recently purchased the building from Capital Ridge-RE LP, according to Travis County deed records. The purchase price was...
More Stories