02
Oct
By Eric Schweibenz and Alex Englehart
On September 28, 2017, YETI Coolers, LLC of Austin, Texas (“YETI”) filed a complaint (see part 1 and part 2) requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain insulated beverage containers, components, labels, and packaging materials thereof that infringe U.S. Patent Nos. D752,397 (the ’397 patent), D780,533 (the ’533 patent), D781,146 (the ’146 patent), and D784,775 (the ’775 patent) (collectively, the “asserted patents”), as well as various YETI trademarks and copyrights:

  • Alibaba (China) Technology Co., Ltd. of Hong Kong
  • Alibaba Group Holding Limited c/o Alibaba Group Services Limited of Hong Kong
  • Alibaba.com Hong Kong Limited of Hong Kong
  • Alibaba.com Singapore E-Commerce Private Limited of Hong Kong
  • Bonanza.com, Inc. of Seattle, Washington
  • ContextLogic, Inc. d/b/a Wish of San Francisco, California
  • Dunhuang Group of China
  • Hangzhou Alibaba Advertising Co., Ltd. of Hong Kong
  • Huizhou Dashu Trading Co., Ltd. of China
  • Huagong Trading Co., Ltd. of China
  • Tan Er Pa Technology Co., Ltd. of Hong Kong
  • Shenzhen Great Electronic Technology Co., Ltd. of China
  • SZ Flowerfairy Technology Ltd. of China

According to the complaint, the asserted patents generally relate to ornamental features of YETI’s beverage containers and components. Further, the asserted trademarks are directed to YETI’s Rambler and Colster marks. Lastly, the asserted copyrights are directed to the labels for YETI’s Rambler and Colster drinkware products.

The complaint states that the Proposed Respondents import and sell various beverage containers, components, labels, and packaging materials that infringe the asserted patents, trademarks, and copyrights. The complaint further states that the Proposed Respondents have engaged in unfair competition through false advertising and passing off in connection with their importation of infringing products.

Regarding domestic industry, YETI states that its own Rambler and Colster products practice the asserted patents, trademarks, and copyrights. YETI further states that it conducts extensive activities in the U.S. relating to its domestic industry products, including engineering, research and development, design, quality control, assembly, packaging, product support, warehousing, and customer service. YETI also states that the Proposed Respondents’ actions have caused and/or threatened to cause substantial injury to YETI’s domestic industry by diverting sales from YETI and damaging YETI’s goodwill and business reputation.

As to related litigation, YETI states that, concurrently with the filing of the instant ITC complaint, it is also filing four separate complaints in the U.S. District Court for the Western District of Texas against four distinct sets of Proposed Respondents. YETI also refers to nine prior or pending district court litigations against various entities where at least one of the asserted patents has been at issue.

With respect to potential remedy, YETI requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents.
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