IP Law Daily, TRADEMARK NEWS: YETI Coolers accuses competitor Glacier Coolers of infringement, (Feb 15, 2017)

By Peter Reap, J.D., LL.M.

YETI Coolers, the maker of premium, heavy duty coolers, has filed a lawsuit in the federal district court in Austin, accusing competitor Glacier Coolers of infringing and diluting YETI’s trade dress rights in its Roadie and Tundra coolers.

According to the complaint, the designs of the Roadie and Tundra coolers have distinctive and nonfunctional features that identify to consumers that the origin of the coolers is YETI. YETI’s trade dress rights in the designs and appearances of its Roadie and Tundra coolers include, but are not limited to, the overall look, design, and appearance of the Tundra and Roadie coolers, including (1) the design and appearance of the style line on the front of the coolers; (2) the design and appearance of the style line on the back of the coolers; (3) the design and appearance of the front corners (with indentations) of the coolers; (4) the design and appearance of the inverted style line in the cooler bodies above the front style line; (5) the design and appearance of the ledge around the perimeter of the cooler bodies; (6) the design and appearance of the style line on each side of the coolers; and (7) the color contrast and color combinations of the coolers.

YETI contends that Glacier’s infringing cooler products are confusingly similar imitations of YETI’s cooler products and are in the same sizes as YETI’s cooler products. Glacier’s infringing cooler products include its "Iceberg" series of coolers, including at least its Iceberg 45 cooler, Iceberg 65 cooler, and Iceberg 105 cooler. Glacier’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 Glacier with YETI and as to the origin and/or approval of the infringing products, YETI alleges.

The complaint includes claims under the Lanham Act for trade dress infringement, trade dress dilution, unfair competition and false designation of origin. YETI also alleges trade dress dilution under Texas law, and common law claims for trade dress infringement, unfair competition, and misappropriation. YETI requests an injunction against further infringement and dilution of its trade dress, the ordered the destruction of all of Glacier’s infringing products, and corrective advertising. YETI also seeks the award of Glacier’s profits and its reasonable attorney fees.

The complaint in YETI Coolers, LLC v. Glacier Coolers, Case No. 1:17-cv-00190-BP, was filed February 14, 2017.

Attorneys: Victoria R.M. Webb (Baker Botts LLP) for YETI Coolers, LLC.

Companies: YETI Coolers, LLC; Glacier Coolers, LLC

News: Trademark TexasNews