Home Forums Hunting & Shooting Hunter's Campfire Yeti Got Mad About Those Walmart Cups.............

Walmart really scared the crap out of Yeti with those new cups of theirs. What I think scares them the most is that people aren't stupid, and have figured out that if Walmart can make a healthy profit selling the same cup, for $10, that Yeti charges $40 for, then SOMEBODY is doing some serious price gouging...........

Yeti V Walmart

Yeti Coolers suing Wal-Mart over 'confusingly similar' items


By Robbie Neiswanger

This article was published April 17, 2016 at 5:45 a.m.


Yeti Coolers Inc. is suing Wal-Mart Stores Inc., claiming drinkware products sold by the retailer are patent and trade dress infringements, among other complaints.

The Austin, Texas-based company, which produces and sells heavy-duty outdoor equipment such as coolers and drinkware, filed a lawsuit in the United States District Court for the Western District of Texas last week.

Yeti said items sold by Wal-Mart are "confusingly similar imitations" and alleges the retailer "has purposefully advertised, promoted, offered for sale, sold and distributed, and continues to advertise, promote, offer for sale, sell and distribute drinkware products that violate Yeti's rights."

Martin Thoma, a principal at Little-Rock based brand leadership firm Thoma Thoma and author of Branding Like the Big Boys, described the lawsuit as a "David vs. Goliath" case with a relatively young company challenging the retail giant. Yeti was founded in 2006.

"A brand is not that tangible thing itself, but it's everything that thing connotes and stands for and creates in the mind of the customer," Thoma said. "So Yeti is clearly concerned that all of its intellectual property, its designs, its advertising, and its brand building are being co-opted by another manufacturer and retailer."

Yeti's claims against Wal-Mart involve three heavy-duty insulated drinkware items it developed, manufactures and sells -- a Rambler Colster beverage holder, and 20- and 30-ounce stainless steel Rambler tumblers.

The United States Patent Office issued a design patent for the Colster beverage holder on March 29, while Yeti claims it owns trade dress rights in the overall look and appearance of the others.

Trade dress typically refers to the visual appearance of a product or its packaging. Federal law protects the trade dress of a product if it is distinctive and if any imitation is likely to cause confusion for consumers. A design that is functional cannot be protected under trademark law.

Mark Henry, a registered patent attorney with Fayetteville-based Henry Law Firm, believes the lawsuit is "fascinating" because it blends design patent and trade dress protection on drinkware, something that could be viewed as a functional item. He predicted it could be tough to show for some of the products, but said the case will be a "substantial" one for Yeti.

"This case brings design patents, which protect the ornamental appearance of something, and then a trade dress, which is the customer association of that brand," Henry said. "They are putting to the test the shape of their cups and they're claiming that their look is so famous that it's entitled to trade dress protection. That's pretty amazing. Think about it: a cup."

Yeti said in its complaint that it has created "unique, distinctive and non-functional designs" to use with its insulated drinkware. The company also said it extensively and continuously promoted and used its designs for years in the United States and, as a result, they have "become well-known indicators of the origin and quality of Yeti's insulated drinkware products."

Yeti sells its insulated beverage holder and 20-ounce tumbler for $29.99, and the 30-ounce tumbler for $39.99, according to the company's website.

Similar drinkware products are listed on Walmart.com. Ozark Trail insulated koozie cups and 20-ounce tumblers are $7.74, while 30-ounce tumblers are $9.94.

The patent and trade dress claims are among nine counts listed in Yeti's lawsuit. Others include trade dress dilution, unfair competition and unjust enrichment. The company is asking for Wal-Mart's products to be recalled and destroyed, and for customers to be refunded. Yeti also is seeking monetary damages.

Wal-Mart spokesman Randy Hargrove said the retailer is in the process of reviewing the complaint and "will respond appropriately with the court."

Wal-Mart has been involved in other infringement-related disputes. The company reached an undisclosed settlement in a trademark infringement case with Adidas in 2008 and, more recently, was among about 30 retailers sued by Converse for trade dress infringement. The U.S. Supreme Court sided with Wal-Mart in a case against children's clothing designer Samara Brothers, Inc., in 2000.

Yeti has been aggressive in defending its products lately, filing a trade dress infringement suit against Missouri-based Mammoth Coolers last December. The company claims Mammoth is selling coolers that are "confusingly similar" to several in its Tundra line, which can range in price from about $300 to $1,300.

Yeti also filed lawsuits against China-based stainless steel drink ware manufacturer Zhejiang Zhuosheng Industry & Trade Co., and restaurant outfitter The Boelter Companies the same day it sued Wal-Mart. Both lawsuits were trade dress infringement claims over 20- and 30-ounce stainless steel tumblers.

Unlike the Wal-Mart lawsuit, the claims didn't also include patent infringement.

"Yeti has worked really hard to develop that brand image and brand reputation," Thoma said. "They've spent a lot of time, intention, money and effort in building that.

"So it's an obligation, or imperative, to any company to strongly defend its brand."

Gonna run up there tonight before they get pulled.

I bought one of the Walmart mugs for $7.47 instead of the same thing in a Yeti for $32


Seems to work well. And I was in retail long enough to know Walmart is making a 50% gross on them, so what is Yeti making?

I didn't think I needed a stainless cup from Walmart till just now.

I may file suit to protect my brand image regarding, chairs, forks and sheets of paper.

But, but, "free trade"!!!!!

Trump responded Sunday at a rally in Staten Island, NY, saying that over the course of the past thirty years, China has "waged an economic war against [the United States]."

"You have to look at my response to China," Trump said excitedly. "Because it is what someone has to say. Because we can't continue to get ripped off like we're being ripped off. You've got to look at it... I'm not talking about war. But they have waged economic war against us."

"And I'm not angry about China, in fact I respect them... I'm angry at our leaders for being so incompetent that they allow it to happen. And I said this as part of my response to the Wall Street Journal when they just called. I said, in the history of the world, this is the greatest theft ever perpetrated by anyone or any country, what China has done to us."

http://www.realclearpolitics.com/video/2016/04/17/trump_im_so_happy_china_is_upset_with_me.html

Wife bought one, we compared ice water in them, the walmart one was not as good. BUT it wasn't bad either....

This guy had different results.

https://www.facebook.com/Whoisthisreally/posts/10205893033073543#!/Whoisthisreally/posts/10205893033073543

Well, they just confirmed that it's a good'un...

If Yeti was building something in the USA and charging 2-3 x as much, I could sympathize a little. However, slapping your name on a $4 Chinese cup and charging $30, while having the gall to criticize Walmart for selling a $4 Chinese cup for $7 is another thing. All these are is an Aladdin or Thermos with a plastic lid (tumbler) or the same thing that you drop a can in (colster). I have little sympathy for a company that charges ridiculous prices for stuff they didn't even really invent or build. Bubba mug was pretty much the same thing, and has been around for years. You can get one for $10....

In this area they are out of stock and the warehouse is empty too. Once word got out how good they were, there was a run and they are gone. I started looking as soon as I found out about them and they were already gone.

I hate to break it Yeti, but they don't have an exclusive on stainless steel insulated cups. They have been around for a long time.

I'm betting that WalMart can outspend them on the legal budget too.

I'm with you, F-Yeti!

I bought three roto-molded Igloo coolers over the last couple of years, largely because they were made in the USA!!!!!!

This lawsuit is like free advertising!

This......just checked on line and still out of stock...and none in local stores

I looked for them a couple of weeks ago in the wal-mart near home in Mississippi and they didn't have any. I'm in Reno on a work trip and after reading this thread I went to the wal-mart next to the hotel and they had them. I picked one up, maybe I should grab another before they get pulled.

I was in a wal-mart last saturday, saw one of the 30 oz. cups, (only one on the shelf) and it sure looked like a copy of my 20 oz. Yeti. Looked to me like it could have come right out of the same factory, even had the same lid as mine. So maybe Yeti has a legit gripe. Forgot what the price was but it was a lot less than my Yeti 20 ouncer. I got mine as a retirement present to myself a few months ago and I don't think wal-mart was carrying those things yet. I really like the Yeti but now I'm wondering if it was a bit of an overpriced rip-off?

I doubt that Walmart will even bother to pull them. Yeti doesn't have a chance in hell of winning or surviving their tangle with Walmart. I've long known Yeti was way overpriced and never got suckered into buying one. I guess Yeti felt they had nothing to lose as they were going down either way.

[bleep] yeti and walmart...

^^^^^this^^^^^

None in stock at our closest local Walmart here either. Store clerk said they sold every Ozark Trail tumbler and can koozie they had when the word got about them being comparable to the Yeti brand products. Said too they had 120 on backorder but no idea when or if they would actually get them. Looked on line at all the Walmart stores within 30 miles and none show any in stock.

I read somewhere last week that the Ozark Trail insulated cups were a special 'one time' run for Walmart and not likely there would be anymore.

A week or two ago Walmart's website showed they were not only out of stock but also had, "this product is no longer available".

The times I have checked online since then still show "out of stock" for the Ozark Trail tumblers and can koozies but it doesn't have "this product is no longer available" anymore.

Who the [bleep] looks at a price tag?




Dave