YETI Lawsuit and JDS

[Matt McCoy]

I know engraved tumblers are an important part of many businesses here, so wanted to pass along that JDS sent out an email yesterday about YETI's lawsuit against them. In short, JDS is holding fast by continuing to offer the 10, 20, and 30 oz tumblers, but they appear uncertain how this will eventually play out. YETI apparently does not have patents on the tumblers, so they are claiming trade dress infringement and have filed over 50 lawsuits against JDS and others. JDS' CEO made the statement: "The outcome of these lawsuits is unknown at this time, because there has not been any court decision either in favor of YETI or against it on these issues."

JDS announced a new vacuum insulated drinkware option as well.

[Chase Mueller]

Correct me if I'm wrong, but wasn't there already a lawsuit that Yeti filed a few years ago about this?

[Gary Hair]

Correct me if I'm wrong, but wasn't there already a lawsuit that Yeti filed a few years ago about this?

They filed suit against Rtic, and apparently prevailed because Rtic stopped selling the 30oz tumblers and came out with a new design. Not sure if there were any others or not.

[Chase Mueller]

This all seems very strange to me. Throwing money at lawyers because someone made a cup that looks similar to yours, at a fraction of the cost. Like.. why? Does anyone have a link to info about the lawsuit?

[Mike Null]

Yeti did indeed prevail in the lawsuit against Rtic. The reason is simple--there are millions of dollars involved and Yeti was harmed.

[Chase Mueller]

Yeti did indeed prevail in the lawsuit against Rtic. The reason is simple--there are millions of dollars involved and Yeti was harmed.

So, based on that, do you think Yeti has grounds against JDS? I don't recall seeing their cups in person.

[Mike Null]

I don't know but Walmart changed their design as a result of the Yeti suit.

As an engraver Yeti is my hero because they developed a lucrative business for us and those who knocked off their cups.

Even with the large price differential, I do more Yeti cups than other brands.

[Chase Mueller]

I don't know but Walmart changed their design as a result of the Yeti suit.

As an engraver Yeti is my hero because they developed a lucrative business for us and those who knocked off their cups.

Even with the large price differential, I do more Yeti cups than other brands.

I thought I read somewhere they offered their own engraving services, meaning no wholesale for laser engravers? Or are you meaning people bring their own cups to you?

[Mike Null]

They do offer engraving. I have customers who buy them retail and my largest customer buys them wholesale but not from Yeti.

[Chase Mueller]

Gotcha. So it's perfectly legal if I were to take me Yeti to let's say, Gary, since he's in the same town as myself, and have him etch something on it?

[Matt McCoy]

RTIC settled with YETI, to avoid further litigation and a trial. There was no legal decision.

YETI is also suing some engravers and have named them co-defendants in the JDS lawsuit. YETI contends that they are damaged by the engravers advertising their services and diluted the market by using JDS products.

[Chase Mueller]

So technically speaking, if someone asks to pay for services to engrave their cup through someone that isn't them, its illegal?

[Matt McCoy]

So technically speaking, if someone asks to pay for services to engrave their cup through someone that isn't them, its illegal?

No, that's not what YETI is claiming in the JDS cause of action.

[Doug Fisher]

I have noticed competing stainless steel tumblers have changed their shape by adding ribs/rings.

[Matt McCoy]

I have noticed competing stainless steel tumblers have changed their shape by adding ribs/rings.

Yes, trade dress (the shape of the tumblers) is what YETI is claiming.

[John Lifer]

Well, I don't think there are really any cups out there that are substantially identical to the yeti cups any more. I don't do many rtics but their lids are now different size. Both the JDS cups have changed and Ozark trails changed last year. I think that yeti will waste more trying to prosecute this than they can get. I was in restaurant supply manufacturing for a long time, it was known fact, design a new line of dinnerware, and in a year it would be copied..... Even if poor seller. Just fact of life. And they didn't try and put copyright or patent on their cups.

[Nick Hale]

I used Polar Camels, but the last 3 cases I ordered, none of the lids fit. I still have a full case of them I threw back in storage due to the lids. (JDS did say they would send me new lids, but I already purchased other cups) I purchased Sams club version. The members mark. They have no paper on them, come out of the package clean and ready for powder coat, they have a nice display case, and they cost around $7 for a two pack when I bought a pallet of them around christmas. I still think Yeti needs to quit suing everybody, but who am I to say?

[Mike Null]

My issue with buying my own cups is that my customers can buy them on the internet at my wholesale price. I refuse to sell them as a "pass through" so I just avoid the inventory hassle and do the engraving on customers' stuff.

[John Lifer]

I do a few as pass thru but yep, buy your cups and bring them to me