The End of Yeti Knockoffs?

[Scott Shepherd]

RTIC settled out of court with Yeti and agreed to change their stainless tumblers. Walmart has discontinued the Ozark cups due to a lawsuit from Yeti. That's two knock offs down. We had seen an increase in sales from cups, but I see that slowing way down when the less expensive alternatives are gone. We saw that small businesses didn't mind buying a couple cases of knock offs and bringing them to us, but it looks like not as many are interested in spending $40 a pop for them to give away to employees and good customers.

I see HOGG is out there, but I suspect they'll be gone soon, since RTIC and Ozark have fallen.

Any other alternatives out there?

[Mike Null]

Steve

There are dozens of others. I think it'll take a long time. I have done Orca, also not cheap, Leeds, Ariel, none of which are knock offs.

There are still a lot of knock-offs out there and unless they can stop the Chinese I thinkYeti will have a hard time controlling it.

[Jeff Body]

RTIC settled out of court with Yeti and agreed to change their stainless tumblers. Walmart has discontinued the Ozark cups due to a lawsuit from Yeti. That's two knock offs down. We had seen an increase in sales from cups, but I see that slowing way down when the less expensive alternatives are gone. We saw that small businesses didn't mind buying a couple cases of knock offs and bringing them to us, but it looks like not as many are interested in spending $40 a pop for them to give away to employees and good customers.

I see HOGG is out there, but I suspect they'll be gone soon, since RTIC and Ozark have fallen.

Any other alternatives out there?

Where did you see that Walmart is discontinuing the ozark cups? Is there an article?
I haven't seen that yet.
If it's true I can't believe Walmart gave in so easily.

[Adam Herman]

i still don't understand how they can sue everyone like this and win, when they were not the first either, they just have a superior marking scheme. vacuum insulated cups and mugs have been around for 50 years? I have noticed a few of the off brands have changed the shape a slight bit. my cup is branded "Colorado Canteen" the white cermark is all rubbing off though. haha. Cost less than 20 bucks.

[Mike Null]

I also heard that Yeti went after Walmart and Sam's.

[Kev Williams]

What about Costco's Member's Mark version...?

Personally, I'm not so sure this wasn't a marketing ploy conjured up by a bunch of recent college grads. Aside from different logos (inserts are POC to make), all of these cups are virtually identical, and I'd bet a buck they were all made in the same building in China. Think about it-- who's getting sued for damags? No one! "Change the cup"... reeeeallly?? Anyone else would have sued their pants off. But wait, if a group of buddies own all these companies, it's basically suing yourself, not much fun or profit in that (taxes on the windfall would cost more than the taxes saved by the losses on the other end)...

So lets see, Yeti comes out, and it's a hit because they work. After a year or so, suddenly half price Yeti's with a different name start popping up like whack-a-moles. It wouldn't surprise me if sales of the clones outpaced the originals by 5 to 1 or so. Clone sales start to slow, alert the media to the fact a lawsuit may be looming... Everyone stocks up, the market is saturated, let the lawsuits begin...

and the owners are probably sipping champagne on a 100 meter yacht off the coast of Dubai as I type this.... And it all perfectly fits the New Millennial's business model: Make millions as fast as you can. And regardless of who owns what, millions were definitely made...

Conspiracy theory, absolutely And I have a psychic prediction: Within 1 year, Yeti will be sold to someone else...

[Tim Bateson]

"The U.S. Patent and Trademark Office issued Yeti a design patent for the Rambler Colster beverage holder on March 29 2016, but Yeti claimed that it owns trade dress rights, referring to the visual appearance of a product and its packaging. Trade dress is protected under federal law if it is distinctive, and if an imitation is likely to be confusing or misleading to customers."

"On the same day it filed the lawsuit against Wal-Mart, Yeti also filed lawsuits against Zhejiang Zhuosheng Industry & Trade Co., a Chinese stainless steel drinkware manufacturer; and Waukesha, Wisconsin-based restaurant outfitter The Boelter Companies. Both lawsuits were trade dress infringement claims relating to Yeti’s 20 and 30 oz. stainless steel tumblers. These claims did not include patent infringement, however."

[Mike Null]

Tim

You are correct.

[Tim Bateson]

https://www.plainsite.org/dockets/30...rt-stores-inc/
Looks like Walmart settled back in May, but I haven't found what was settled? I know they still sell Ozark, because a bought a few just last night.

[Scott Shepherd]

https://www.plainsite.org/dockets/30...rt-stores-inc/
Looks like Walmart settled back in May, but I haven't found what was settled? I know they still sell Ozark, because a bought a few just last night.

I went to Walmart to pick a couple up for personal projects and all I could find was the 20oz. I went online and the 30oz were very limited, then I found the articles about it. I believe they are selling them until they are gone.

The 30 oz stainless are $6.00 on Walmarts website right now. That tells me that they are dumping them.

The "Trade Dress" is what they seem to be winning on.

[Tim Bateson]

Really dumb to allow it. That's like Ford suing Chevy because Chevy placed a script Camaro name emblem on the side of it's car & Ford had already done the same with Mustang. I can read Ozark or Yeti, I'm not fooled.

[Kev Williams]

you guys and your facts are no fun at all....

so the only patent Yeti holds is for the can cooler? That explains a lot...

Many years ago the owner/inventor of "Chums" brought me a mold to engrave, he explained he was suing several copycats. Not because they copied the Chums themselves, it was because they copied the "adjuster bead", the egg shaped plastic sleeve. He explained the 'trade dress' thing and all he could expect was an order to 'change the bead'. So he decided it would be cheaper in the long run just change is own bead...

[Tim Bateson]

you guys and your facts are no fun at all....

so the only patent Yeti holds is for the can cooler? That explains a lot...

Still not sure how they got that. I've been using a Thermos can cooler for at least 10 years. Now it doesn't have that crappy screw on top that Yeti uses. I have one of those too & will use my Thermos can cooler instead. Hate that damn screw on top!

[John Lifer]

Get your guys facts straight. :-) Trade Dress means the Physical SHAPE of the cup, what is 'looks' like! Nothing More! Not the actual 'design' of the insulated cup, or how it works.
So WalMart changed the shape of their cup. RTIC is supposedly changing the shape of the cup. (has rollout 'summer' 2017 on site. were due in May so they are way late) This includes a new 40oz. I'm buying from JDS, unmarked that look close to the Yeti, They have added about 6 colors lately. Walmart had Plenty on the shelves here in NWA. And are adding a number of colors. It all depends on where you are located when you go to walmart. If they don't sell, they stop carrying them. I think if you have a design that looks like Yeti, then you might be in trouble.
Market is pretty saturated. Yeti even has sales now. Several local sellers are offering $5 off. (big deal right?)

[Tim Bateson]

You may be partially right John, but I don't think that's the full issue here. "...Yeti claimed that it owns trade dress rights, referring to the visual appearance of a product and its packaging..." That is beyond just a simple shape/design of the mugs. The only thing I would think is happening is they have hired the slickest lawyers money can buy and have bamboozled & bullied these companies into submission.