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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


Case 1:19-cv-00834 Document 1 Filed 08/23/19 Page 2 of 75

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

patent was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire

right, title, and interest to the ‘285 patent. A copy of the ‘285 patent is attached as Exhibit 2. An

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

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Illustration 2: Exemplary Figure from the ‘285 Patent.

11. The ‘891 patent is entitled “Beverage Holder.” On February 28, 2017, the ‘891

patent was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire

right, title, and interest to the ‘891 patent. A copy of the ‘891 patent is attached as Exhibit 3. An

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

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Illustration 3: Exemplary Figure from the ‘891 Patent.

12. The ‘892 patent is entitled “Beverage Holder.” On February 28, 2017, the ‘892

patent was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire

right, title, and interest to the ‘892 patent. A copy of the ‘892 patent is attached as Exhibit 4. An

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

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Illustration 4: Exemplary Figure from the ‘892 Patent.

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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Illustration 5: Exemplary Figure from the ‘530 Patent.

14. The ‘531 patent is entitled “Beverage Holder.” On March 7, 2017, the ‘531 patent

was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire right, title,

and interest to the ‘531 patent. A copy of the ‘531 patent is attached as Exhibit 6. An exemplary

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

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Illustration 6: Exemplary Figure from the ‘531 Patent.

15. The ‘532 patent is entitled “Beverage Holder.” On March 7, 2017, the ‘532 patent

was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire right, title,

and interest to the ‘532 patent. A copy of the ‘532 patent is attached as Exhibit 7. An exemplary

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

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Illustration 7: Exemplary Figure from the ‘532 Patent.

16. The ‘533 patent is entitled “Beverage Holder.” On March 7, 2017, the ‘533 patent

was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire right, title,

and interest to the ‘533 patent. A copy of the ‘533 patent is attached as Exhibit 8. An exemplary

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

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Illustration 8: Exemplary Figure from the ‘533 Patent.

17. The ‘025 patent is entitled “Beverage Holder.” On May 9, 2017, the ‘025 patent

was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire right, title,

and interest to the ‘025 patent. A copy of the ‘025 patent is attached as Exhibit 9. An exemplary

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

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Illustration 9: Exemplary Figure from the ‘025 Patent.

18. The ‘003 patent is entitled “Beverage Holder.” On August 21, 2018, the ‘003

patent was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire

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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Illustration 10: Exemplary Figure from the ‘003 Patent.

19. The ‘058 patent is entitled “Beverage Holder.” On September 25, 2018, the ‘058

patent was duly and legally issued by the U.S. Patent Office to YETI. YETI owns the entire

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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Illustration 11: Exemplary Figure from the ‘058 Patent.

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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26. YETI has trade dress rights in the overall look, design, and appearance of the

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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28. YETI has trade dress rights in the overall look, design, and appearance of the

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.

30. YETI has trade dress rights in the overall look, design, and appearance of the

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.

32. YETI has trade dress rights in the overall look, design, and appearance of the

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 ‘469 Registration, the ‘587 Registration, the ‘333 Registration, the ‘798

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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Illustration 22: Exemplary Images of Chilly Moose’s


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

Illustration 23: Exemplary Images of Chilly Moose’s


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:
Patent Infringement of U.S. Patent D779,285 Under 35 U.S.C. § 271

57. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

56 as though fully set forth herein.

58. Chilly Moose has infringed and continues to infringe the ‘285 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 ‘285 patent.

59. 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.

60. On information and belief, Chilly Moose’s infringement of the ‘285 patent has

been, and continues to be, deliberate, intentional, and willful.

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61. 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.

62. 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.

63. 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 III:
Patent Infringement of U.S. Patent D779,891 Under 35 U.S.C. § 271

64. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

63 as though fully set forth herein.

65. Chilly Moose has infringed and continues to infringe the ‘891 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 ‘891 patent.

66. 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.

67. On information and belief, Chilly Moose’s infringement of the ‘891 patent has

been, and continues to be, deliberate, intentional, and willful.

68. 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.

69. 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.

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70. 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 IV:
Patent Infringement of U.S. Patent D779,892 Under 35 U.S.C. § 271

71. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

70 as though fully set forth herein.

72. Chilly Moose has infringed and continues to infringe the ‘892 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 ‘892 patent.

73. 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.

74. On information and belief, Chilly Moose’s infringement of the ‘892 patent has

been, and continues to be, deliberate, intentional, and willful.

75. 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.

76. 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.

77. 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.

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Count V:
Patent Infringement of U.S. Patent D780,530 Under 35 U.S.C. § 271

78. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

77 as though fully set forth herein.

79. Chilly Moose has infringed and continues to infringe the ‘530 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 ‘530 patent.

80. 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.

81. On information and belief, Chilly Moose’s infringement of the ‘530 patent has

been, and continues to be, deliberate, intentional, and willful.

82. 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.

83. 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.

84. 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 VI:
Patent Infringement of U.S. Patent D780,531 Under 35 U.S.C. § 271

85. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

84 as though fully set forth herein.

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86. Chilly Moose has infringed and continues to infringe the ‘531 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 ‘531 patent.

87. 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.

88. On information and belief, Chilly Moose’s infringement of the ‘531 patent has

been, and continues to be, deliberate, intentional, and willful.

89. 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.

90. 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.

91. 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 VII:
Patent Infringement of U.S. Patent D780,532 Under 35 U.S.C. § 271

92. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

91 as though fully set forth herein.

93. Chilly Moose has infringed and continues to infringe the ‘532 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 ‘532 patent.

94. 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.

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95. On information and belief, Chilly Moose’s infringement of the ‘532 patent has

been, and continues to be, deliberate, intentional, and willful.

96. 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.

97. 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.

98. 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 VIII:
Patent Infringement of U.S. Patent D780,533 Under 35 U.S.C. § 271

99. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

98 as though fully set forth herein.

100. Chilly Moose has infringed and continues to infringe the ‘533 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 ‘533 patent.

101. 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.

102. On information and belief, Chilly Moose’s infringement of the ‘533 patent has

been, and continues to be, deliberate, intentional, and willful.

103. 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.

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104. 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.

105. 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 IX:
Patent Infringement of U.S. Patent D786,025 Under 35 U.S.C. § 271

106. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

105 as though fully set forth herein.

107. Chilly Moose has infringed and continues to infringe the ‘025 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 ‘025 patent.

108. 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.

109. On information and belief, Chilly Moose’s infringement of the ‘025 patent has

been, and continues to be, deliberate, intentional, and willful.

110. 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.

111. 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.

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112. 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 X:
Patent Infringement of U.S. Patent D826,003 Under 35 U.S.C. § 271

113. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

112 as though fully set forth herein.

114. Chilly Moose has infringed and continues to infringe the ‘003 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 ‘003 patent.

115. 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.

116. On information and belief, Chilly Moose’s infringement of the ‘003 patent has

been, and continues to be, deliberate, intentional, and willful.

117. 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.

118. 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.

119. 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.

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Count XI:
Patent Infringement of U.S. Patent D829,058 Under 35 U.S.C. § 271

120. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

119 as though fully set forth herein.

121. Chilly Moose has infringed and continues to infringe the ‘058 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 ‘058 patent.

122. 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.

123. On information and belief, Chilly Moose’s infringement of the ‘058 patent has

been, and continues to be, deliberate, intentional, and willful.

124. 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.

125. 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.

126. 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 XII:
Trade Dress Infringement under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)

127. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

126 as though fully set forth herein.

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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)

133. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

132 as though fully set forth herein.

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.

136. 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.

137. 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

faith is evidenced at least by the similarity of the infringing products to YETI’s trade dress and

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

139. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

138 as though fully set forth herein.

140. 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

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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.

142. 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

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injury to the goodwill and reputation for quality associated with YETI’s trade dress, YETI’s

products, and YETI.

143. 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

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.

144. 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, 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)

145. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

144 as though fully set forth herein.

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 ‘469 Registration, the ‘587 Registration, the ‘333 Registration, the ‘798

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.

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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.

149. 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. §§ 1114(1), 1116, and 1117.

Count XVI:
Trademark Infringement under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)

150. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

149 as though fully set forth herein.

151. Based on the activities described above, including, for example, Chilly Moose’s

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,

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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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155. 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 XVII:
Trademark Dilution under § 43(c) of the Lanham Act, 15 U.S.C. § 1125(c)

156. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

155 as though fully set forth herein.

157. Based on the activities described above, including, for example, Chilly Moose’s

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

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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.

159. 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.

160. 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.

161. 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 XVIII:
Trademark Dilution under Tex. Bus. & Com. Code § 16.103

162. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

161 as though fully set forth herein.

163. Based on the activities described above, including, for example, Chilly Moose’s

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

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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

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.

166. On information and belief, Chilly Moose’s use of YETI’s Trademarks 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 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.

167. 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, 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)

168. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

167 as though fully set forth herein.

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.

173. YETI is entitled to injunctive relief, and YETI is also 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 XX:
Common Law Trade Dress Infringement

174. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

173 as though fully set forth herein.

175. Chilly Moose’s advertisements, marketing, promotions, offers to sell, sales,

distribution, manufacture, and/or importing of the infringing products, in direct competition with

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.

177. 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.

178. 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

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.

179. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least

YETI’s damages, Chilly Moose’s profits, punitive damages, costs, and reasonable attorney fees.

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Count XXI:
Common Law Trademark Infringement

180. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

179 as though fully set forth herein.

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.

183. 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.

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184. 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.

185. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least

YETI’s damages, Chilly Moose’s profits, punitive damages, costs, and reasonable attorney fees.

Count XXII:
Common Law Unfair Competition

186. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

185 as though fully set forth herein.

187. Chilly Moose’s advertisements, marketing, promotions, offers to sell, sales,

distribution, manufacture, and/or importing of the infringing products, in direct competition with

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.

188. YETI’s trade dress and YETI’s Trademarks are entitled to protection under the

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 have become well-known indicators of the origin and quality of YETI’s products.

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 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.

190. 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

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.

191. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least

YETI’s damages, Chilly Moose’s profits, punitive damages, costs, and reasonable attorney fees.

Count XXIII:
Common Law Misappropriation

192. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

191 as though fully set forth herein.

193. Chilly Moose’s advertisements, promotions, offers to sell, sales, distribution,

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.

195. YETI’s trade dress and YETI’s Trademarks are entitled to protection under the

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

Trademarks have become well-known indicators of the origin and quality of YETI’s products.

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 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

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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.

198. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least

YETI’s damages, Chilly Moose’s profits, punitive damages, costs, and reasonable attorney fees.

Count XXIV:
Unjust Enrichment

199. YETI realleges and incorporates the allegations set forth in paragraphs 1 through

198 as though fully set forth herein.

200. Chilly Moose’s advertisements, promotions, offers to sell, sales, distribution,

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.

202. YETI’s trade dress and YETI’s Trademarks are entitled to protection under the

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

Trademarks have become well-known indicators of the origin and quality of YETI’s products.

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 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.

205. YETI is entitled to injunctive relief, and YETI is also entitled to recover at least

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

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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

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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.

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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)
Illinois Bar No. 6286637
mkrashin@bannerwitcoff.com
Sean J. Jungels (admitted in the Western District of
Texas)
Illinois Bar No. 6303636
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

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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.
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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
Case 1:19-cv-00834 Document 1-17 Filed 08/23/19 Page 3 of 3

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*


What and When to File:

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
Case 1:19-cv-00834 Document 1-18 Filed 08/23/19 Page 1 of 3

EXHIBIT 17
Case 1:19-cv-00834 Document 1-18 Filed 08/23/19 Page 2 of 3

Reg. No. 5,330,469 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
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
FIRST USE 5-00-2008; IN COMMERCE 5-00-2008
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


Case 1:19-cv-00834 Document 1-18 Filed 08/23/19 Page 3 of 3

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*


What and When to File:

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 # 5330469
Case 1:19-cv-00834 Document 1-19 Filed 08/23/19 Page 1 of 3

EXHIBIT 18
Case 1:19-cv-00834 Document 1-19 Filed 08/23/19 Page 2 of 3

Reg. No. 5,341,587 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
7601 Southwest Pkwy
Registered Nov. 21, 2017 Austin, TEXAS 78735

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
PARTICULAR FONT STYLE, SIZE OR COLOR

OWNER OF U.S. REG. NO. 3203869

SER. NO. 86-982,761, FILED 01-09-2014


Case 1:19-cv-00834 Document 1-19 Filed 08/23/19 Page 3 of 3

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*


What and When to File:

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 # 5341587
Case 1:19-cv-00834 Document 1-20 Filed 08/23/19 Page 1 of 3

EXHIBIT 19
Case 1:19-cv-00834 Document 1-20 Filed 08/23/19 Page 2 of 3

Reg. No. 5,392,333 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
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
FIRST USE 5-00-2008; IN COMMERCE 5-00-2008
Principal Register
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR

OWNER OF U.S. REG. NO. 4833419, 3203869, 4871725

SER. NO. 86-856,068, FILED 12-21-2015


Case 1:19-cv-00834 Document 1-20 Filed 08/23/19 Page 3 of 3

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*


What and When to File:

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 # 5392333
Case 1:19-cv-00834 Document 1-21 Filed 08/23/19 Page 1 of 3

EXHIBIT 20
Case 1:19-cv-00834 Document 1-21 Filed 08/23/19 Page 2 of 3

Reg. No. 5,438,798 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
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

Trademark FIRST USE 8-00-2007; IN COMMERCE 8-00-2007

Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR

OWNER OF U.S. REG. NO. 3203869

SER. NO. 86-982,760, FILED 01-09-2014


Case 1:19-cv-00834 Document 1-21 Filed 08/23/19 Page 3 of 3

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*


What and When to File:

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 # 5438798
Case 1:19-cv-00834 Document 1-22 Filed 08/23/19 Page 1 of 3

EXHIBIT 21
Case 1:19-cv-00834 Document 1-22 Filed 08/23/19 Page 2 of 3

Reg. No. 5,409,905 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
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

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. 4833419, 3203869, 4871725

SER. NO. 86-856,088, FILED 12-21-2015


Case 1:19-cv-00834 Document 1-22 Filed 08/23/19 Page 3 of 3

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*


What and When to File:

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 # 5409905
Case 1:19-cv-00834 Document 1-23 Filed 08/23/19 Page 1 of 3

EXHIBIT 22
Case 1:19-cv-00834 Document 1-23 Filed 08/23/19 Page 2 of 3

Reg. No. 5,601,737 YETI COOLERS, LLC (DELAWARE LIMITED LIABILITY COMPANY)
7601 Southwest Pkwy
Registered Nov. 06, 2018 Austin, TEXAS 78735

CLASS 25: shirts; t-shirts; hats; sun shirts; caps; sweatshirts; hooded sweatshirts; shorts;
Int. Cl.: 25 vests

Trademark FIRST USE 1-25-2007; IN COMMERCE 1-25-2007

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


Case 1:19-cv-00834 Document 1-23 Filed 08/23/19 Page 3 of 3

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*


What and When to File:

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 # 5601737