ORIGINAL - ITC Law Blog · 2017. 10. 3. · original united states international trade commission washington, dc in the matter of certain insulated beverage . containers, components,

ORIGINAL UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC

In the Matter of

CERTAIN INSULATED BEVERAGE . CONTAINERS, COMPONENTS, LABELS, AND PACKAGING MATERIALS THEREOF

Inv. No. 337-TA-__ _

COMPLAINT UNDER SECTION 337 OF THE TARIFF ACT OF 1930, AS AMENDED

Complainant:

YETI Coolers, LLC 7601 Southwest Parkway Austin, Texas 78735 Telephone: (512) 394-9384

Counsel for Complainant:

M. Craig Tyler Jeffrey T. Han Janice L. Ta VINSON & ELKINS LLP 2801 Via Fortuna, Suite 100 Austin, Texas 78746 Telephone: (512) 542-8440 Facsimile: (512) 236-3256

John R. Fuisz VINSON & ELKINS LLP 2200 Pennsylvania Ave NW Suite 500 West Washington, DC 2003 7 Telephone: (202) 639-6764 Facsimile: (202) 879-8884

Proposed Respondents:

Alibaba (China) Technology Co., Ltd. 26/F Tower One, Times Square 1 Matheson Street, Causeway Bay Hong Kong , Telephone: +852 2215-5100

Alibaba Group Holding Limited c/o Alibaba Group Services Limited 26/F Tower One, Times Square 1 Matheson Street, Causeway Bay Hong Kong Telephone: +852 2215-5100

Alibaba.com Hong Kong Limited 26/F Tower One, Times Square 1 Matheson Street, Causeway Bay Hong Kong Telephone: +852 2215-5100

Alibaba.com Singapore £-Commerce Private Limited 26/F Tower One, Times Square 1 Matheson Street, Causeway Bay Hong Kong Telephone: +852 2215-5100

Wendy Wang VINSON & ELKINS LLP 555 Mission Street, Suite 2000 San Francisco, California 94105 Telephone: (415) 979-6900 Facsimile: (415) 651-8786

Joseph J. Berghammer BANNER & WITCOFF, LTD. 10 South Wacker Drive, Suite 3000 Chicago, Illinois 60606 Telephone: (312) 463-5000 Facsimile: (312) 463-5001

Bonanza.com, Inc. 3131 Western Ave, Suite 428 Seattle, WA 98121 Telephone: (206) 588-5849

ContextLogic, Inc. d/b/a/ Wish 1 Sansome Street, 40th Floor San Francisco, CA 94104 Telephone: (415) 810-3230

Dunhuang Group 6F Dimeng Commercial Building No. 3-2 Hua Yuan Road Haidian District Beijing 100191 China Telephone: +8610-82028870-8233

Hangzhou Alibaba Advertising Co., Ltd. 26/F Tower One, Times Square I Matheson Street, Causeway Bay Hong Kong Telephone: +852 2215-5100

Huizhou Dashu Trading Co., Ltd. 2001 Unit 2, #203 Building, Jinshanhu Garden Huanhu Third Road, Huicheng District Huizhou City, Guangdong Province China Telephone: +86 182 11309655

Huagong Trading Co., Ltd. W ANGSHIZHUANG, QINGHE County, Hebei, QINGH, Hebei, China, Telephone +86 319 8055433

Tan Er Pa Technology Co., Ltd. Floor 9 10, No. 29 Qianlu Manfeng Village Shajing K wai Chung N .T. Hong Kong Telephone: +852 35861596

Shenzhen Great Electronic Technology Co., Ltd. Room 3108A, Modern International, Jintian Rd, Futian District, Shenzhen, China 518000 Telephone: +86 755 82530962

SZ Flowerfairy Technology Ltd. 115 Room, No. 12, Building Pinshangyuan Xixiang Street, Baoan District, Shenzhen China Telephone: +86 158 14413791

TABLE OF CONTENTS

I. INTRODUCTION .......... _ ................................................................................................... 1

II. COMPLAINANT .............................................................................................................. 6

Ill. PROPOSED RESPONDENTS ...................................................................................... 10

A. ALIBABA RESPONDENTS .................... · ............................. .... ........................... 11

1. Alibaba Group Holding Limited; Alibaba (China) Technology Co., Ltd.; Alibaba.com Hong Kong Limited; Alibaba.com Singapore ECommerce Private Limited; and Hangzhou Alibaba Advertising Co., Ltd ....................... ............ ................................... ............................... 11

2. Huizhou Dashu Trading Co., Ltd ......................................................... ~ .... 19

B. DH GATE RESPONDENTS ................................................................................. 20

1. Dunhuang Group ....................................................................................... 20

2. Respondent SZ Flowerfairy Technology Ltd ............ ............................... 23

3. Respondent Tan Er Pa Technology Co., Ltd. aka Watermalia ...... ... ........ 24

4. Respondent Shenzhen Great Electronic Technology Co., Ltd. aka Bossvape ................... .... , ........................................................................... 25

5. Respondent Huagong Trading Co., Ltd. aka Factory_seller88 ................. 26

C. BONANZA RESPONDENT ...................................... ................ ............. ............. 26 .

1. Bonanza.com, Inc .... ... ..... ....... .......... ........... ... ........................................... 26

D. WISH RESPONDENT .................. ....................................................................... 29

1. ContextLogic, Inc. d/b/a/ Wish ................. ..... .......... .. .... ...... ..................... 29

IV. PRODUCTS AT ISSUE ................................................................................................. 31

A. Insulated Beverage Containers Generally ................................ ............................. 31

B. YETI's Products .............................. ... .... ............................. .... .............................. 32

C. RESPONDENTS' Products .................................................... ............. ................. 36

V. THE ASSERTED TRADEMARKS ......•..............•...........•.............•.....•......•................. 62

A. The Rambler® Trademark ..................................................... ..... ....... ................... 62

B. The Colster® Trademark ....................................................... ... ........ .................... 63

C. Licenses Under the Asserted Trademarks ............................................................. 63

VI. THE ASSERTED COPYR.IGHTS ................................................................................ 63

A. The YETI Rambler® Colster® Copyright.. .......................................................... 64 ·

B. The YETI 20 oz. Rambler® Copyright ......................... .................................... ... 65

C. The YETI 30 oz. Rambler® Copyright ... ....... .............. .......................... .............. 65

D. Licenses Under the Asserted Copyrights ................. .. .......... ........................... .... .. 66

VII. THE ASSERTED ·DESIGN PA TENTS •.•................•.....•..••...•....................•.....••....•.••.. 66

A. U.S. Design Patent No. D752,397 .... .. ............................... ..... ... ........ ................... 66

B. U.S. Design Patent No. D780,533 ........................... ........... .................................. 68

C. U.S. Design Patent No. D781,146 ······· ·· ···· ····· '······ ···· ···· ···· ···· ·· ············· ······ ·········· 70

D. U.S. Design Patent No. D784,775 ... .. ... .. .. .... ........... ... ..... ... ..... : ... .. ..................... .. 71

E. Foreign Counterparts to the Asserted Design Patents ..... ................. ...... ........ .... ... 73

F. Licenses Under the Asserted Design Patents .......... ...... ...... .. . : ....... .... ................... 73

VIII. UNLAWFUL AND UNFAIR ACTS OF PROPOSED RESPONDENTS ................. 73

A. Infringement of the Asserted Trademarks ..................... .............. .......................... 74

1. Infringement of the Rambler® Trademark ....... ........ ....... .... ... ... ... ....... ... .. 76

2. . Infringement of the Colster® Trademark ····· · · · ·· · · - ~-~---· ······· ·· ···· ·· · ·· ······ ·· · · · 84

B. Infringement of the Asserted Copyrights ..... ........... ... ... ..... .... .. ... .. ....... ...... .. ......... 89

1. Infringement of the YETI Rambler® Colster® Copyright.. .. ................... 89

2. Infringement of the YETI 20 oz. Rambler® Copyright .. ... ....... : .............. 95

3. Infringement of the YETI 30 oz. Rambler® Copyright ......................... 101

C. Infringement of the Asserted Design Patents ...................................................... 107

1. Infringement of the '397 Patent.. .... .......... ...... ...... .... ...... .......... .... .......... 107

2. Infringement of the '533 Patent .... ... .... .... ..... : ... .. .. ... .... ...... ... .. .............. .. 110

3. Infringement of the ' 146 Patent .. .. ....... ............. ... .... ... ..... ....... .............. .. 114

4. Infringement of the '77 5 Patent ..... .............. ....... .. ..... ..... ... ..................... 116

D. False Advertising and False Designation of Origin ................. .... ....................... 118

1. Respondent Alibaba .. ........ .. .... ....... ................ ..... .. ..... ...... .. ..................... 120

2. Respondent DHgate .... .. .... ...... ...... .. ... .. ..... ....... ...... .... .......... .... .... .... .. ..... 123

3. Respondent Bonanza ....... ........... .. ............. , ........ ...... ................ ... ..... ... .... 124

4. Respondent Wish .. ..... ......... .... . , ....... ... .... ... ... ........ .......... .... .... ... ... .... .. ..... 126

E. Passing Off. .................... ..... ...... ...... . ···.· ....... ............. ............... ... .... ..................... 127

1. Respondent Alibaba ............... ................................ ..... .. .......................... 130

2. Respondent DHgate ................ ........................ .. ...... ... ... ... ....................... 130

3. Respondent Bonanza ............... .. .. .................... .... ....... :··· ························· 130

4. Respondent Wish· ··· ·· ··· ·· ·· ········ ··· ······· ···: ···· ·· ····· ···· ··· ····· ····· ······· ··· ······ ···· · 130

11

IX. TARIFF CODE CLASSIFICATION ...............•..............................•••...........•.......•..•.. 131

X. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE .....•.....•..•.... 131

A. ALIBABA RESPONDENTS .............................................................................. 131

1. Respondent Alibaba .................................................................... , ........... 131

2. Respondent Huizhou Dashu Trading Co., Ltd ........................................ 135

B. DHGATE RESPONDENTS .......................................................... ; .................. .. 136

1. Respondent DHgate ........ ............................................ ..... .... ............ : ...... 136

2. Respondent Huagong Trading Co., Ltd .................... .............................. 136

3. Respondent Shenzhen Great Electronic Technology Co., Ltd ............... 137

4. Respondent SZ Flowerfairy Technology Ltd ......................................... 138

5. Respondent Tan Er Pa Technology Co., Ltd ............. ............................. 138

C. BONANZA RESPONDENT ........ ...... ................................. .... ........ .... .... ........... 139

1. Respondent Bonanza ............................................................................... 139

D. WISH RESPONDENT ......... ..... ." .... ...... ... ................................ ........................... 140

1. Respondent Wish .................................................................................... 140 .

XI. DOMESTIC IN"DUSTRY ............................................................................................. 144

A. Technical Prong ................... .. ........... ................... : .............. ......... ..... .................. 144

1. The Asserted Trademarks .................................................... ·.· ........ ......... 144

2. The Asserted Copyrights .... ............... ... ................................................... 145

3. The Asserted Design Patents .................................................................. 145

B. Economic Prong ...................................................................... ............................ 146

XII. . RELATED LITIGATION ........................................................................................... 147

RELffiF REQUESTED ............................................................................................................. 151

111

EXHIBIT LIST

EXlllBIT DESCRIPTION

EX 1 Certified Materials on Deposit for U.S. Copyright Registration No. VA 1-974-722

EX2 Certified Materials on Deposit for U.S. Copyright Registration No. VA 1-974-732

EX3 Certified Materials on Deposit for U.S. Copyright Registration No. VA 1-974-735

EX4 Certified U.S. Design Patent No. D752,397


EX6 Certified U.S. Design Patent No. D781 ,146


EX8 Alibaba Group Holding Limited SEC Form 20-F for Fiscal Year Ended March 31, 2017

EX9 Alibaba Office Locations

EX 10 Alibaba.com and Aliexpress.com Terms of Use

EX 11 Alibaba Transaction Services Agreement

EX 12 Alibaba Supplemental Services Agreement

EX 13 Alibaba Gold Supplier Benefits

EX 14 Alibaba Terms and Conditions Governing Request for Quotation

EX 15 Alibaba Business Trust System Service Agreement

EX 16 Alibaba.com Search Results for "yeti rambler"

EX 17 Aliexpress.com Search Results for "rambler"

EX 18 Seller Page on Aliexpress.com for the YE TI Store

EX 19 Seller Page on Aliexpress.com for the YE-TI Camo Cups Store

EX20 Order Summary for Counterfeit Products from the SHOP2882199 Store on Aliexpress.com

EX 21 Seller Page on Aliexpress.com for the Enjoying Life Top Store -Shenzhen Store

EX22 Seller Page on Aliexpress.com for the Hangz Canen Business Store

EX23 Seller Page on Aliexpress.com for the Beautiful Homey Store

EX24 Advertisement on Aliexpress.com for Counterfeit YETI Products

EX25 Product Listing on Aliexpress.com for Counterfeit YETI Products from the Beautiful Homey Store

EX26 Order Summary for Counterfeit Products from the Beautiful Homey Store on Aliexpress.com

EX27 Shipping Documentation for Counterfeit Products Purchased from Huizhou Dashu Trading Co., Ltd. on Alibaba.com

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EXIIlBIT DESCRIPTION

EX28 Seller Description on Alibaba.com for Huizhou Dashu Trading Co., Ltd.

EX29 DHgate Terms of Use

EX30 DHgate.com - Search Results for "yeti"

EX31 Advertisement and Product Listing on DHgate.com for Counterfeit YETI Products from SZ Flowerfairy Technology Ltd.

EX32 Order Summary for Counterfeit Products from SZ Flowerfairy Technology Ltd. on DHgate.com

EX33 Shipping Documentation for Counterfeit Products Purchased from SZ Flowerfairy Technology Ltd. on DHgate.com

EX34 Seller Description on DHgate.com for the Watennalia Store a.k.a. Tan Er Pa Technology Co., Ltd.

EX35 Shipping Documentation for Counterfeit Products Purchased from Tan Er Pa Technology Co., Ltd. on DHgate.com

EX36 Shipping Documentation for Counterfeit Products Purchased from Tan Er Pa Technology Co., Ltd. on DHgate.com

EX37 Seller Description on DHgate.com for the Bossvape Store a.k.a. Shenzhen Great Electronic Technology Co., Ltd.

EX38 Business Card Included with Counterfeit Products Purchased from Shenzhen Great Electronic Technology Co., Ltd. on DHgate.com

EX39 Shipping Documentation for Counterfeit Products Purchased from Shenzhen Great Electronic Technology Co., Ltd. on DHgate.com

EX40 Seller Description on DHgate.com for the Factory_seller88 Store a.k.a. Huagong Trading Company, Ltd.

EX41 SJN Supplier Search Listing for Huagong Trading Company, Ltd.

EX42 WA Secretary of State Corporate Registration Detail - Bonanza.com, Inc.

EX43 Bonanza Copyright and Intellectual Property Policy

EX44 Bonanza User Agreement

EX45 Bonanza Membership Levels

EX46 Bonanza Advertising FAQs

EX47 Bonanza.com Search Results for "yeti rambler"

EX48 Seller Page on Bonanza.com for the ELLASVISION Store

EX49 Seller Page on Bonanza.com for the just_ the_ best Store

EXSO Advertisement on Bonanza.com for Counterfeit YETI Products

EX51 Advertisement on Bonanza.com for Counterfeit YETI Products

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ExmBIT DESCRIPTION

EX52 Product Listing on Bonanza.com for Counterfeit YETI Products from the just_the_best Store

EX53 Order Summary for Counterfeit Products from the just_ the_ best Store on Bonanza.com

EX54 _CA Secretary of State Corporate Registration Detail - CONTEXTLOGIC INC.

EX55 Wish Terms of Service

EX56 Wish.com - Search Results for "rambler"

EX57 Seller Page on Wish.com for the longlonglong Store

EX58 Seller Page on Wish.com for the LOS666 Store

EX59 Seller Page on Wish.com for the No password Store

EX60 Seller Page on Wish.com for the GoodBoyys Store

EX61 Seller Page on Wish.com for the Monica dan Store

EX62 Seller Page on Wish.com for the Y etiY eti Store

EX63 Seller Page on Wish.com for the AAA pearl Store

EX64 Advertisement on Wish.com for Counterfeit YETI Products

EX65 Product Listing on Wish.com for Counterfeit YETI Products from the AAA pearl Store

EX66 Order Summary for Counterfeit Products from the AAA pearl Store on Wish.com

EX67 YETI.com - Rambler® Drink.ware Series

EX68 Product Listing on Aliexpress.com for Counterfeit YETI Products from the Hangz Canen Business Store

EX69 Product Listing on DHgate.com for Counterfeit YETI Products

EX70 Product Listing on Wish.com for Counterfeit YETI Products from the Y etiY eti Store

EX71 Product Listing on Wish.com for Counterfeit YETI Products from the longlonglong Store

EX72 Order Summary for Counterfeit Products from the YE TI Store on Aliexpress.com

EX73 Photos of Counterfeit Rambler® Products from the YE TI Store Sold Through Aliexpress.com

EX74 Label from Counterfeit YETI Colster® Drink Holder from the YE TI Store on Aliexpress.com

EX75 Photos Showing Country of Manufacture for Counterfeit Products from the YE TI Store Through Aliexpress.com

EX76 Order Summary for Counterfeit Products from the YE-TI Camo Cups Store on Aliexpress.com

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EXHIBIT DESCRIPTION

EX77 Photos of Counterfeit Rambler® Products from the YE-TI Camo Cups Store Sold Thfough Aliexpress.com

EX78 Label from Counterfeit YETI Rambler® 20 oz. Tumbler from the YE-TI Camo Cups Store on Aliexpress.com

EX79 Label from Counterfeit YETI Rambler® 30 oz. Tumbler from the YE-TI Camo Cups Store on Aliexpress.com

EX80 Photos Showing Country of Manufacture for Counterfeit Products from the YE-TI Camo Cups Store Through Aliexpress.com

EX 81 Photos of Counterfeit Rambler® Products from the SHOP2882199 Store Sold Through Aliexpress.com

EX82 Label from Counterfeit YETI Colster® Drink Holder from the SHOP2882 l 99 Store on Aliexpress.com

EX83 Label from Counterfeit YETI Rambler® 20 oz. Tumbler from the SHOP2882 l 99 Store on Aliexpress.com

EX84 Label from Counterfeit YETI Rambler® 30 oz. Tumbler from the SHOP2882199 · Store on Aliexpress.com

EX85 Photos Showing Country of Manufacture for Counterfeit Products from the SHOP2882199 Store Through Aliexpress.com

EX86 Order Summary for Counterfeit Product from the Enjoying Life Top Store -Shenzhen Store on Aliexpress.com

EX87 Photo of Counterfeit Ramblet® Product from the Enjoying Life Top Store -Shenzhen Store Sold Through Aliexpress.com

EX88 Photos Showing Country of Manufacture for Counterfeit Products from the Enjoying Life Top Store -Shenzhen Store Through Aliexpress.com

EX89 Order Summary for Counterfeit Product from the Hangz Canen Business Store on Ali express. com

EX90 Photo of Counterfeit Rambler® Product from the Hangz Canen Business Store Sold Through Aliexpress.com

EX91 Label from Counterfeit YETI Rambler® 20 oz. Tumbler from the Hangz Canen Business Store on Aliexpress.com

EX92 Photos Showing Country of Manufacture for Counterfeit Products from the Hangz Canen Business Store Through Aliexpress.com

EX93 Photos of Counterfeit Rambler® Products from the Beautiful Homey Store Sold Through Aliexpress.com

EX94 Labels from Counterfeit YETI Rambler® 30 oz. Tumblers from the Beautiful Homey Store on Aliexpress.com

EX95 Photos Showing Country of Manufacture for Counterfeit Products from the Beautiful Homey Store Through Aliexpress.com

VII

EXIDBIT DESCRIPTION

EX96 Order Summary for Counterfeit Products from Huizhou Dasbu Trading Co., Ltd. on Alibaba.com

EX97 Order Summary for Counterfeit Products from Huizhou Dashu Trading Co., Ltd. on Alibaba.com

EX98 Order Summary for Counterfeit Products from Huizhou Dashu Trading Co., Ltd. on Alibaba.com

EX99 Photos of Counterfeit Rambler® Products from Huizhou Dashu Trading Co., Ltd. Sold Through Alibaba.com

EX 100 Label from Counterfeit YETI Colster® Drink Holder from Huizhou Dashu Trading Co., Ltd. on Alibaba.com

EX 101 Label from Counterfeit YETI Colster® Drink Holder from Huizhou Dashu Trading Co., Ltd. on Alibaba.com

EX 102 Label from Counterfeit YETI Rambler® 20 oz. Tumbler from Huizhou Dashu Trading Co., Ltd. on Alibaba.com

EX 103 Label from Counterfeit YETI Rambler® 30 oz. Tumbler from Huizhou Dashu Trading Co., Ltd. on Alibaba.com

EX 104 Photos Showing Country of Manufacture for Counterfeit Products from Huizhou Dashu Trading Co., Ltd. Through Alibaba.com

EX 105 Photo of Counterfeit Rambler® Product from SZ Flowerfairy Technology Ltd. Sold Through DHgate.com

EX 106 Label from Counterfeit YETI Rambler® 20 oz. Tumbler from SZ Flowerfairy Technology Ltd. on DHgate.com

EX 107 Photos Showing Country of Manufacture for Counterfeit Products from SZ Flowerfairy Technology Ltd. Through DHgate.com

EX 108 Order Summary for Counterfeit Products from Tan Er Pa Technology Co., Ltd. on DHgate.com

EX 109 Photos of Counterfeit Rambler® Products from Tan Er Pa Technology Co., Ltd. Sold Through DHgate.com

EX 110 Label from Counterfeit YETI Colster® Drink Holder from Tan Er Pa Technology Co., Ltd. on DHgate.com

EX 111 Photos Showing Country of Manufacture for Counterfeit Products from Tan Er Pa Technology Co., Ltd. Through DHgate.com

EX 112 Order Summary for Counterfeit Products from Shenzhen Great Electronic Technology Co., Ltd. on DHgate.com

EX 113 Photos of Counterfeit Rambler® Products from Shenzhen Great Electronic Technology Co., Ltd. Sold Through DHgate.com

EX 114 · Label from Counterfeit YETI Rambler® 20 oz. Tumbler from Shenzhen Great Electronic Technology Co., Ltd. on DHgate.com

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EXHIBIT DESCRIPTION

EX 115 Label from Counterfeit YETI Rambler® 30 oz. Tumbler from Shenzhen Great Electronic Technology Co., Ltd. on DHgate.com

EX 116 Photos Showing Country of Manufacture for Counterfeit Products from Shenzhen Great Electronic Technology Co., Ltd. Through DHgate.com

EX 117 Order Summary for Counterfeit Products from Huagong Trading Company Ltd. on DHgate.com

EX 118 Photos of Counterfeit Rambler® Products from Huagong Trading Company Ltd. Sold Through DHgate.com

EX 119 Label from Counterfeit YETI Colster® Drink Holder from Huagong Trading Company Ltd. on DHgate.com

EX 120 Label from Counterfeit YETI Rambler® 20 oz. Tumbler from Huagong Trading Company Ltd. on DHgate.com

EX 121 Label fromCounterfeit YETI Rambler® 30 oz. Tumbler fromHuagong Trading Company Ltd. on DHgate.com

EX 122 Photos Showing Country of Manufacture for Counterfeit Products from Huagong Trading Company Ltd. Through DHgate.com

EX 123 Order Summary for Counterfeit Products from the ELLASVISION Store on Bonanza.com

EX 124 Photo of Counterfeit Rambler® Product from the ELLASVISION Store Sold Through Bonanza.com

EX 125 Label from Counterfeit YETI Colster® Drink Holder from the ELLASVISION Store on Bonanza.com

EX 126 Photos Showing Country of Manufacture for Counterfeit Products from the ELLASVISION Store Through Bonanza.com

EX 127 Order Summary for Counterfeit Products from thejust_the_best Store on Bonanza.com

EX 128 Photos of Counterfeit Rambler® Products from thejus( __ the_best Store Sold Through Bonanza.com

EX 129 Label from Counterfeit YETI Rambler® 20 oz. Tumbler from the just_the_best Store on Bonanza.com

EX 130 Labels from Counterfeit YETI Rambler® 30 oz. Tumblers from the just~ the_ best Store on Bonanza.com

EX 131- Photos Showing Country of Manufacture for Counterfeit Products from the just_the_best Store Through Bonanza.com

EX 132 Order Summary for Counterfeit Products from the LOS666 Store and the longlonglong Store on Wish.com

EX 133 Photo of Counterfeit Rambler® Product from the LOS666 Store Sold Through Wish.com

IX


EX 134 Label from Counterfeit YETI Colster® Drink Holder from the LOS666 Store on Wish.com

EX 135 Photos Showing Country of Manufacture for Counterfeit Products from the LOS666 Store on Wish.com

EX 136 Order Summary for Counterfeit Products from the No password Store and the GoodBoyys Store on Wish.com

EX 137 Photo of Counterfeit Rambler® Product from the GoodBoyys Store Sold Through Wish.com

EX 138 Label from Counterfeit YETI Colster® Drink Holder from the GoodBoyys Store on Wish.com

EX 139 Photos Showing Country of Manufacture for Counterfeit Products from the GoodBoyys Store Through Wish.com

EX 140 Photos of Counterfeit Rambler® Products from the No password Store Sold Through Aliexpress.com

EX 141 Photos Showing Country of Manufacture for Counterfeit Products from the No password Store on Wish.com

EX 142 Order Summary for Counterfeit Products from the Monica dan Store on Wish.com

EX 143 Photos of Counterfeit Rambler® Products from the Monica dan Store Sold Through Wish.com

EX 144 Label from Counterfeit YETI Rambler® 20 oz. Tumbler from the Monica dan Store on Wish.com

EX 145 Label from Counterfeit YETI Rambler® 30 oz. Tumbler from the Monica dan Store on Wish.com

EX 146 Photos Showing Country of Manufacture for Counterfeit Products from the Monica dan Store on Wish.com

EX 147 Photos of Counterfeit Rambler® Products from the longlonglong Store Sold Through Wish.com

EX 148 Label from Counterfeit YETI Rambler® 20 oz. Tumbler 'from the longlonglong Store on Wish.com

EX 149 Label from Counterfeit YETI Rambler® 30 oz. Tumbler from the longlonglong Store on Wish.com

EX 150 Photos Showing Country of Manufacture for Counterfeit Products from the longlonglong Store on Wish.com

EX 151 Order Summary for Counterfeit Products from the Y etiY eti Store on Wish.com

EX 152 Photo of Counterfeit Rambler® Product from the Y etiY eti Store Sold Through Wish.com

EX 153 Label from Counterfeit YETI Colster® Drink Holder from the Y etiY eti Store on Wish.com

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EX 154 Photos Showing Country of Manufa~ture for Counterfeit Products from the Y etiY eti Store on Wish.com

EX 155 Photo of Counterfeit Rambler® Product from the AAA pearl Store Sold Through Wish.com

EX 156 Label from Counterfeit YETI Rambler® 30 oz. Tumbler from the AAA pearl Store on Wish.com

EX 157 Photos Showing Country of Manufacture for Counterfeit Products from the AAA pearl Store Through Wish.com

EX 158 C Guarantee and Collateral Agreement for Asserted IP

EX 159 Certified Patent Assignment History for U.S. Patent No. D752,397 (Reel/Frame Nos. 038765/0066 and 033640/0387)

EX 160 Certified Patent Assignment History for U.S. Patent No. D780,533 (Reel/Frame Nos. 041130/0295, 041124/0735, and 038765/0066)



EX 163 Product Listing on Aliexpress.com for Counterfeit YETI Products from the SHOP2882 l 99 Store

EX 164 Product Listing.on Alibaba.com for Counterfeit YETI Products from Huizhou Dashu Trading Co., Ltd.

EX 165 Product Listing on Alibaba.com for Counterfeit YETI Products from Huizhou Dashu Trading Co., Ltd.

EX 166 Product Listing on Alibaba.com for Counterfeit YETI Products from Huizhou Dashu Trading Co., Ltd.

EX 167 Product Listing on Aliexpress.com for Counterfeit YETI Products from the YE-TI Camo Cups Store

EX 168 Product Listing on Aliexpress.com for Counterfeit YETI Products from the YE TI Store




EX 172 Product Listing on Aliexpress.com for Counterfeit YETI Products from the Enjoying Life Top Store -Shenzhen Store

xi

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EX 173 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the YE TI Store Through Aliexpress.com

EX 174 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the YE-TI Camo Cups Store Through Aliexpress.com ·

EX 175 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the SHOP2882199 Store Through Aliexpress.com

EX 176 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the Enjoying Life Top Store -Shenzhen Store Through Aliexpress.com

EX 177 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the Hangz Canen Busine·ss Store Through Aliexpress.com

EX 178 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the Beautiful Homey Store Through Aliexpress.com

EX 179 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by Huizhou Dashu Trading Co., Ltd. Through Alibaba.com

EX 180 Product Listing on DHgate.com for Counterfeit YETI Products from Tan Er Pa Technology Co., Ltd.

EX 181 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by SZ Flowerfairy Technology Ltd. Through DHgate.com

EX 182 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by Huagong Trading Company Ltd. Through DHgate.com

EX 183 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by Shenzhen Great Electronic Technology Co., Ltd. Through DHgate.com

EX 184 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by Tan Er Pa Technology Co., Ltd. Through DHgate.com

EX 185 Product Listing on Bonanza.com for Counterfeit YETI Products from the ELLASVISION Store

EX 186 Product Listing on Bonanza.com for Counterfeit YETI Products from the just_the_best Store

EX 187 Product Listing on Bonanza.com for Counterfeit YETI Products from the just_the_best Store

EX 188 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the ELLASVISION Store Through Bonanza.com

EX 189 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the just_the_best Store Through Bonanza.com

EX 190 Product Listing on Wish.com for Counterfeit YETI Products from the LOS666 Store

EX 191 Product Listing on Wish.com for Counterfeit YETI Products from the No · password Store

Xll


EX 192 Product Listing on Wish.com for Counterfeit YETI Products from the No password Store

EX 193 Product Listing on Wish.com for Counterfeit YETI Products from the No password Store

EX 194 Product Listing on Wish.com for Counterfeit YETI Products from the Monica dan Store

EX 195 Product Listing on Wish.com for Counterfeit YETI Products from the Monica dan Store

EX 196 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the LOS666 Store Through Wish.com

EX197 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the GoodBoyys Store Through Wish.com

EX 198 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the No password Store Through Wish.com

EX 199 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the Monica dan Store Through Wish.com

EX200 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the longlonglong Store Through Wish.com

EX 201 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the Y etiYeti Store Through Wish.com

EX202 Rambler® Trademark Infringement Chart for Counterfeit Products Sold by the AAA pearl Store Through Wish.com

EX203 Colster® Trademark Infringement Chart for Counterfeit Products Sold by the YE TI Store Through Aliexpress.com

EX204 Colster® Trademark Infringement Chart for Counterfeit Products Sold by 'the SHOP2882199 Store Through Aliexpress.com

EX205 Colster® Trademark Infringement Chart for Counterfeit Products Sold by Huizhou Dashu Trading Co., Ltd. Through Alibaba.com

EX206 Colster® Trademark Infringement Chart for Counterfeit Products Sold by Huagong Trading Company Ltd. Through DHgate.com

EX207 Colster® Trademark Infringement Chart for Counterfeit Products Sold by Tan Er Pa Technology Co., Ltd. Through DHgate.com

EX208 Colster® Trademark Infringement Chart for Counterfeit Products Sold by the ELLASVISION Store Through Bonanza.com

EX209 Colster® Trademark Infringement Chart for Counterfeit Products Sold by the LOS666 Store Through Wish.com

EX210 Colster® Trademark Infringement Chart for Counterfeit Products Sold by the GoodBoyys Store Through Wish.com

xiii


EX211 Colster® Trademark Infringement Chart for Counterfeit Products Sold by the Y etiYeti Store Through Wish.com

EX212 YETI Rambler® Colster® Copyright Infringement Chart for Counterfeit Products Sold by the YE TI Store Through Aliexpress.com

EX 213 YETI Rambler® Colster® Copyright Infringement Chart for Counterfeit Products Sold by the SHOP2882199 Store Through Aliexpress.com

EX214 YETI Rambler® Colster® Copyright Infringement Chart for Counterfeit Products Sold by Huizhou Dashu Trading Co., Ltd. Through Alibaba.com

EX215 YETI Rambler® Colster® Copyright Infringement Chart for Counterfeit Products Sold by Huagong Trading Company Ltd. Through DHgate.com

EX216 YETI Rambler® Colster® Copyright Infringement Chart for Counterfeit Products Sold by Tan Er Pa Technology Co., Ltd. Through DHgate.com

EX 217 YETI Rambler® Colster® Copyright Infringement Chart for Counterfeit Products Sold by the ELLASVISION Store Through Bonanza.com

EX218 YETI Rambler® Colster® Copyright Infringement Chart for Counterfeit Products Sold by the LOS666 Store Through Wish.com

EX219 YETI Rambler® Colster® Copyright Infringement Chart for Counterfeit Products Sold by the GoodBoyys Store Through Wish.com

EX220 YETI Rambler® Colster® Copyright Infringement Chart for Counterfeit Products Sold by the Y etiY eti Store Through Wish.com

EX 221 YETI 20 oz. Rambler® Copyright Infringement Chart for Counterfeit ;Products Sold by the SHOP2882199 Store Through Aliexpress.com

EX222 YETI 20 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by the YE-TI Camo Cups Store Through Aliexpress.com

EX223 YETI 20 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by _the Hangz Canen Business Store Through Aliexpress.com

EX224 YETI 20 oz. Rambler® Copyright InfringementChart for Counterfeit Products Sold by Huizhou Dashu Trading Co., Ltd. Through Alibaba.com

EX225 YETI 20 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by Huagong Trading Company Ltd. Through DHgate.com

EX226 YETI 20 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by Shenzhen Great Electronic Technology Co., Ltd. Through DHgate.com

EX227 YETI 20 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by SZ Flowerfairy Technology Ltd. Through DHgate.com

EX228 YETI 20 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by the just_the_best Store Through Bonanza.com

EX229 YETI20 oz, Rambler® Copyright Infringement Chart for Counterfeit Products Sold by the longlonglong Store Through Wish.com

XIV

EXIUBIT DESCRIPTION

EX230 YETI 20 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by the Monica dan Store Through Wish.com

EX 231 Product Listing on Alibaba.com for Counterfeit YETI Products from Huizhou Oashu Trading Co., Ltd.

EX232 YETI 30 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by the SHOP2882 l 99 Store Through Aliexpress.com

EX233 YETI 30 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by the YE-TI Camo Cups Store Through Aliexpress.com

EX234 YETI 30 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by the Beautiful Homey Store Through Aliexpress.com

EX235 YETI 30 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by Huizhou Oashu Trading Co., Ltd. Through Alibaba.com

EX236 YETI 30 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by Huagong Trading Company Ltd. Through OHgate.com

EX237 .YETI 30 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by Shenzhen Great Electronic Technology Co., Ltd. Through OHgate.com

EX238 YETI 30 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by the just_the_best Store Through Bonanza.com

EX239 YETI 30 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by the Monica dan Store Through Wish.com

EX240 YETI 30 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by the longlonglong Store Through Wish.com

EX241 YETI 30 oz. Rambler® Copyright Infringement Chart for Counterfeit Products Sold by the AAA pearl Store Through Wish.com

EX242 Claim Chart for 0752,397 Patent Compared to Counterfeit YETI Colster® Sold By the SHOP2882199 Store Through Aliexpress.com

EX243 Claim Chart for 0752,397 Patent Compared to Counterfeit YETI Colster® Sold By the YE TI Store Through Aliexpress.com

EX244 Claim Chart for 0752,397 Patent Compared to Counterfeit YETI Colster® Sold By Huizhou Oashu Trading Company Limited Through Alibaba.com

EX245 Claim Chart for 0752,397 Patent Compared to Counterfeit YETI Colster® Sold By Huizhou Oashu Trading Company Limited Through Alibaba.com

EX246 Claim Chart for 0752,397 Patent Compared to Counterfeit YETI Colster® Sold By Huagong Trading Company Ltd. Through OHgate.com

EX247 Claim Chart for 0752,397 Patent Compared to Counterfeit YETI Colster® Sold By Tan Er Pa Technology Co., Ltd. Through OHgate.com

EX248 Claim Chart for 0752,397 Patent Compared to Counterfeit YETI Colster® Sold By the ELLASVISION Store Through Bonanza.com

xv

ExmBIT DESCRIPTION

EX249 Claim Chart for D752,397 Patent Compared to Counterfeit YETI Colster® Sold By the LOS666 Store Through Wish.com

EX250 Claim Chari for 0752,397 Patent Compared to Counterfeit YETI Colster® Sold By the GoodBoyys Store Through Wish.com

EX 251 Claim Chart for 0752,397 Patent Compared to Counterfeit YETI Colster® Sold By the YetiYeti Store Through Wish.com

EX252 Claim Chart for 0780,533 Patent Compared to Counterfeit YETI Colster® Sold by the SHOP2882199 Store Through Aliexpress.com

EX253 Claim Chart for 0780,533 Patent Compared to Counterfeit YETI Colster® Sold by the YE TI Store Through Aliexpress.com

EX254 Claim Chart for 0780,533 Patent Compared to Counterfeit YETI Colster® Sold by Huizhou Oashu Trading Company Limited Through Alibaba.com

EX255 Claim Chart for 0780,533 Patent Compared to Counterfeit YETI Colster® Sold by Huizhou Oashu Trading Company Limited Through Alibaba.com

EX256 Claim Chart for 0780,533 Patent Compared to Counterfeit YETI Colster® Sold by Huagong Trading Company Ltd. Through OHgate.com

EX257 Claim Chart for 0780,533 Patent Compared to Counterfeit YETI Colster® Sold by Tan Er Pa Technology Co., Ltd. Through OHgate.com

EX 258 Claim Chart for 0780,533 Patent Compared to Counterfeit YETI Colster® Sold by the ELLASVISION Store Through Bonanza.com

EX259 Claim Chart for 0780,533 Patent Compared to Counterfeit YETI Colster® Sold by the LOS666 Store Through Wish.com

EX260 Claim Chart for 0780,533 Patent Compared to Counterfeit YETI Colster® Sold by the GoodBoyys Store Through Wish.com

EX261 Claim Chart for 0780,533 Patent Compared to Counterfeit YETI Colster® Sold by the Y etiY eti Store Through Wish.com

EX262 Claim Chart for 0781, 146 Patent Compared to Counterfeit YETI Rambler® 18 oz Bottle Lid Sold by the YE TI Store Through Aliexpress.com



EX265 Claim Chart for 0781, 146 Patent Compared to Counterfeit YETI Rambler® 36 oz Bottle Lid Sold by the Enjoying Life Top Store -Shenzhen Store Through Aliexpress.com

EX266 Claim Chart for 0781,146 Patent Compared to Counterfeit YETI Rambler® 36 oz Bottle Lid Sold by Huagong Trading Company Ltd. Through OHgate.com

XVI

ExmBIT DESCRIPTION

EX267 Claim Chart for D781,146 Patent Compared to Counterfeit YETI Rambler® 18 oz Bottle Lid Sold by Tan Er Pa Technology Co., Ltd. Through DHgate.com

EX268 Claim Chart for D781,146 Patent Compared to Counterfeit YETI Rambler® 36 oz Bottle Lid Sold by Tan Er Pa Technology Co., Ltd. Through DHgate.com

EX269 Claim Chart for 0781,146 Patent Compared to Counterfeit YETI Rambler® 64 oz Bottle Lid Sold by Tan Er Pa Technology Co., Ltd. Through DHgate.com

EX270 Claim Chart for D78l,146 Patent Compared to Counterfeit YETI Rambler® 18 oz Bottle Lid Sold by the No password Store Through Wish.com

EX271 Claim Chart for D78l,146 Patent Compared to Counterfeit YETI Rambler® 36 oz Bottle Lid Sold by the No password Store Through Wish.com

EX272 Claim Chart for D784,775 Patent Compared to Counterfeit YETI Rambler® 36 oz Bottle Sold by the YE TI Store Through Aliexpress.com

EX273 Claim Chart for D784,775 Patent Compared to Counterfeit YETI Rambler® 36 oz Bottle Sold by the Enjoying Life Top Store -Shenzhen Store Through Aliexpress.com

EX274 Claim Chart for D784,775 Patent Compared to Counterfeit YETI Rambler® 36 oz Bottle Sold by Huagong Trading Company Ltd. Through DHgate.com

EX275 Claim Chart for D784,775 Patent Compared to Counterfeit YETI Rambler® 36 oz Bottle Sold by Tan Er Pa Technology Co.; Ltd. Through DHgate.com

EX276 Claim Chart for D784,775 Patent Compared to Counterfeit YETI Rambler® 36 oz Bottle Sold by the No password Store Through Wish.com

EX277 Shipping Documentation for Counterfeit Products Purchased from the SHOP2882199 Store on Aliexpress.com

EX278 Shipping Documentation for Counterfeit Products Purchased from the YE-TI Camo Cups Store on Aliexpress.com

EX279 Shipping Documentation for Counterfeit Products Purchased from the YE TI Store on Aliexpress.com

EX280 Shipping Documentation for Counterfeit Products Purchased from the Enjoying Life Top Store -Shenzhen Store on Aliexpress.com

EX 281 Shipping Documentation for Counterfeit Products Purchased from the Hangz Canen Business Store on Aliexpress.com

EX282 Shipping Documentation for Counterfeit Products Purchased from the Beautiful Homey Store on Aliexpress.com

EX283 Shipping Documentation for Counterfeit Products Purchased from Huizhou Dashu Trading Co., Ltd. on Alibaba.com

EX284 Shipping Documentation for Counterfeit Products Purchased from Huizhou bashu Trading Co., Ltd. on Alibaba.com

xvii

·--·-----

Exmurr DESCRIPTION

EX285 Shipping Documentation for Counterfeit Products Purchased from Huizhou Deishu Trading Co., Ltd. on Alibaba.com

EX286 Shipping Documentation for Counterfeit Products Purchased from Huagong Trading Company Ltd. on DHgate.com

EX287 Shipping Documentation for Counterfeit Products Purchased from the ELLASVISION Store on Bonanza.com

EX288 Shipping Documentation for Counterfeit Products Purchased from the just_the_best Store on Bonanza.com

EX289 Shipping Documentation .for Counterfeit Products Purchased from the just_the_best Store on Bonanza.com

EX290 Shipping Documentation for Counterfeit Products Purchased from the LOS666 Store on Wish.com

EX291 Shipping Documentation for Counterfeit .Products Purchased from the GoodBoyys Store on Wish.com

EX292 Shipping Documentation for Counterfeit Products Purchased from the No password Store on Wish.com

EX293 Shipping Documentation for Counterfeit Products Purchased from the Monica dan Store on Wish.com

EX294 Shipping Documentation for Counterfeit Products Purchased from longlonglong Store on Wish.com

EX295 Shipping Documentation for Counterfeit Products Purchased from the Y etiY eti Store on Wish.com

EX296 Shipping Documentation for Counterfeit Products Purchased from the AAA pearl Store on Wish.com

EX297 Photos of Genuine YETI Rambler® Products

EX298 Photo of Genuine YETI Colster® Drink Holder Label

EX299 Photos of Genuine YETI Rambler® 20 oz. Tunibler Label

EX300 Photos of Genuine YETI Rambler® 30 oz. Tumbler Label

EX301 Claim Chart for D752,397 Patent Compared to Genuine YETI Colster® Drink Holder

EX302 Claim Chart for 0780,533 Patent Compared to Genuine YETI Colster® Drink Holder

EX303 Claim Chart for D78l,146 Patent Compared to Genuine Lid for YETI Rambler® 18 oz., 26 oz., 36 oz., and 64 oz. Bottles

EX304 Claim Chart for 0784,775 Patent Compared to Genuine YETI Rambler® 36 oz. Bottle

EX 305 C Declaration of Chris Keller in Support of Complaint

XVlll

PHYSICAL EXHIBIT LIST ·-·

EXHIBIT DESCRIPTION

PXOOl Counterfeit YETI Colster® Drink Holder Purchased from the YE TI Store on Aliexpress.com.

PX002 Counterfeit YETI Rambler® 18 oz. Bottle Purchased from the YE TI Store on Aliexpress.com



PX005 Counterfeit YETI Rambler® 20 oz. Tumbler Purchased from the YE-TI Camo Cups Store on Aliexpress.com '

PX006 Counterfeit YETI Rambler® 30 oz. Tumbler Purchased from the YE-TI Camo Cups Store on Aliexpress.com

PX007 Counterfeit YETI Colster® Drink Holder Purchased from the SHOP2882 l 99 Store on Aliexpress.com

PX008 Counterfeit YETI Rambler® 20 oz. Tumbler Purchased from the SHOP2882 l 99 Store on Aliexpress.com

PX009 Counterfeit YETI Rambler® 30 oz. Tumbler Purchased from the SHOP2882 l 99 Store on Aliexpress.com

PXOIO Counterfeit YETI Rambler® 36 oz. Bottle Purchased from the Enjoying Life Top Store -Shenzhen Store on Aliexpress.com

PXOll Counterfeit YETI Rambler® 20 oz. Tumbler Purchased from the Hangz Canen Business Store on Aliexpress.com

PX012 Counterfeit YETI Rambler® 30 oz. Tumbler Purchased from the Beautiful Homey Store on Aliexpress.com

PX013 Counterfeit YETI Rambler® 30 oz. Tumbler Purchased from the Beautiful . Homey Store on Aliexpress.com

PX014 Counterfeit YETI Colstet® Drink Holder Purchased from Huizhou Dashu Trading Co., Ltd. on Alibaba.com

PX015 Counterfeit YETI Colster® Drink Holder Purchased from Huizhou Dashu Trading Co., Ltd. on Alibaba.com

.•. PX016 Counterfeit YETI Rambler® 20 oz. Tumbler Purchased from Huizhou Dashu Trading Co., Ltd. on Alibaba.com

PX017 Counterfeit YETI Rambler® 30 oz. Tumbler Purchased from Huizhou Dashu Trading Co., Ltd. on Alibaba.com

PX018 Counterfeit YETI Rambler® 20 oz. Tumbler Purchased from SZ Flowerfairy Technology, Ltd; on DHgate.com

XlX

PX019 Counterfeit YETI Colster® Drink Holder Purchased from Tan Er Pa Technology Co., Ltd. on DHgate.com

PX020 Counterfeit YETI Rambler® 18 oz. Bottle Purchased from Tan Er Pa Technology Co., Ltd. on DHgate.com



PX023 Counterfeit YETI Rambler® 20 oz. Tumbler Purchased from Shenzhen Great Electronic Technology Co., Ltd. on DHgate.com

PX024 Counterfeit YETI Rambler® 30 oz. Tumbler Purchased from Shenzhen Great Electronic Technology Co., Ltd. on DHgate.com

PX025 Counterfeit YETI Colster® Drink Holder Purchased from Huagong Trading Co., · Ltd. on DHgate.com

PX026 Counterfeit YETI Rambler® 36 oz. Bottle Purchased from Huagong Trading Co., Ltd. on DHgate.com

PX027 Counterfeit YETI Rambler® 20 oz. Tumbler Purchased from Huagong Trading Co., Ltd. on DHgate.com

PX028 Counterfeit YETI Rambler® 30 oz. Tumbler Purchased from Huagong Trading Co., Ltd. on DHgate.com

PX029 Counterfeit YETI Colster® Drink Holder Purchased from the ELLASVISION Store on Bonanza.com

PX030 Counterfeit YETI Rambler® 20 oz. Tumbler Purchased from the just_the_best Store on Bonanza.com

PX031 Counterfeit YETI Rambler® 30 oz. Tumbler Purchased from the just_ the_ best Store on Bonanza.com

PX032 ·Counterfeit YETI Rambler® 30 oz. Tumbler Purchased from the just_the_best Store on Bonanza.com

PX033 Counterfeit YETI Colster® Drink Holder Purchased from the LOS666 Store on Wish.com

PX034 Counterfeit YETI Colster® Drink Holder Purchased from the GoodBoyys Store on Wish.com

PX035 Counterfeit YETI Rambler® 18 oz. Bottle Purchased from the No password Store on Wish.com

PX036 Counterfeit YETI Rambler® 36 oz. Bottle Purchased from the No password Store on Wish.com

PX037 Counterfeit YETI Rambler® 20 oz. Tumbler Purchased from the Monica dan Store on Wish.com

xx

PX038 Counterfeit YETI Rambler® 30 oz. Tumbler Purchased from the Monica dan Store on Wish.com

PX039 Counterfeit YETI Rambler® 20 oz. Tumbler Purchased from the longlonglong Store on Wish.com

PX040 Counterfeit YETI Rambler® 30 oz. Tumbler Purchased from the longlonglong Store on Wish.com

PX041 Counterfeit YETI Colster® Drink Holder Purchased from the Y etiY eti Store on Wish.com

PX042 Counterfeit YETI Rambler® 30 oz. Tumbler Purchased from the AAA pearl Store on Wish.com

PX043 Genuine YETI Colster® Drink Holder

PX044 Genuine YETI Rambler® 20 oz. Tumbler

PX045 Genuine YETI Ranibler® 30 oz. Tumbler

PX046 · Genuine YETI Rambler® 36 oz. Bottle

XXl

APPENDIX LIST

·-- --- - ·- - -- ·-.

APPENDIX DESCRIPTION

A Certified Copy of the Rambler® Trademark- U.S. Trademark Registration No. 5,233,441

B Certified Copy of the Prosecution History of the Rambler® Trademark- U.S. Trademark Registration No. 5,233,441

c Certified Copy of the Colster® Trademark - U.S. Trademark Registration No. 4,833,074

0 Certified Copy of the Prosecution History of the Colster® Trademark- U.S. Trademark Registration No. 4,833,074

E Certified Copy of the YETI Rambler® Colster® Copyright - U.S. Copyright Registration No. VA 1-974-722

F Certified Copy of the YETI 20 oz. Rambler@ Copyright- U.S. Copyright Registration No. VA 1-974-732

G . Certified Copy of the YETI 30 oz. Rambler® Copyright- U.S. Copyright Registration No. VA 1-974-735

H Certified Copy of the Prosecution History of U.S. Patent No. 0752,397 (Application Serial No. 29/500,908)

I Technical References Identified in the Prosecution History of U.S. Patent No. 0752,397 (Application Serial No~ 29/500,908)

J Certified Copy of the Prosecution History of U.S. Patent No. 0780,533 (Application Serial No. 29/568,985)

K Technical References Identified in the Prosecution History of U.S. Patent No. 0780,533 (Application Serial No. 29/568,985)

L Certified Copy of the Prosecution History of U.S. Patent No. 0781,146 (Application Serial No. 29/544,227) ·

M Technical References Identified in the Prosecution History of U.S. Patent No. 0781,146 (Application Serial No. 29/544,227)

N Certified Copy of the Prosecution History of U.S. Patent No. 0784,775 (Application Serial No. 29/544,205)

0 Technical References Identified in the Prosecution History of U.S. Patent No. 0784,775 (Application Serial No. 29/544,205)

xxn

I. INTRODUCTION

1. YETI Coolers, LLC ("YETI") respectfully requests that the United States

International Trade Coihmission commence an investigation into violations of Section 33 7 of the

Tariff Act of 1930, as amended, 19 U.S.C. § 1337 ("Section 337") by proposed respondents:

a. ALIBABA RESPONDENTS include (i) Alibaba Group Holding Limited;

(ii) Alibaba (China) Technology Co., Ltd.; (iii) Alibaba.com Hong Kong Limited;

(iv) Alibaba.com Singapore E-Commerce Private Limited; (v) Hangzhou Alibaba

Advertising Co;, Ltd. ((i) through (v) collectively, "Alibaba"); and (vi) Huizhou Dashu

Trading Co., Ltd.;

b. DHGATE RESPONDENTS include (i) Dunhuang Group · ("DHgate");

(ii) SZ Flowerfairy Technology Ltd.; (iii) Tan Er Pa Technology Co., Ltd.; (iv) Shenzhen

Great Electronic Technology Co., Ltd.; and (v) Huagong Trading Co., Ltd.;

c. BONANZA RESPONDENT includes Bonanza.com, Inc. ("Bonanza"); and

d. WISH RESPONDENT includes ContextLogic, Inc. d/b/a Wish ("Wish").

The ALIBABA RESPONDENTS, DHGATE RESPONDENTS, BONANZA RESPONDENT,

and WISH RESPONDENT are collectively referred to herein as RESPONDENTS.

2. Proposed RESPONDENTS have imported into the United States and/or sold for

importation certain insulated beverage containers, components, labels, and packaging materials

thereof that:

(i) infringe, directly or indirectly, a valid and enforceable United States

registered trademark owned by YETI (19 U.S.C. § 1337(a)(l)(C)),

(ii) infringe, directly or indirectly, a valid and enforceable United States

registered copyright owned by YETI (19 U.S.C. § 1337(a)(l)(B)(i)),

(iii) infringe, directly or indirectly, a valid and enforceable United States design

patent owned by YETI (19 U.S.C. § 1337(a){l){B)(i)),

(iv) engage in unfair competition by way of false advertising {19 U.S.C.

§ 1337(a){l){A)(i); 15 U.S.C. §§ 1124, 1125), and/or

(vj engage in unfair competition by way of passing off (19 U.S.C.

§ 1337(a){l)(A)(i); 15 U.S.C. §§ 1124, 1125).

A chart showing the proposed RESPONDENTS and the corresponding violation is set forth below:

~ ~ ~ ~ ~ ..... Cl) Cl)

s ..c :c :c e co s e co Cl)

~ ·c c: "O Cl) ~ ~ ~ "'O » .

~ "VJ s-. ~

Cl) Q. "€ E-< ..... 0 N N ~ eu .... .... .... - Cl) it::

~ 0 .... 0 .... c: c c c > 0

~ ~~ oib o-fo ~ Cl) Cl) Cl) "O - .... ~ Cl) N.i:; :!·~

~ ~ ~ < OJ) :c Cl) - Cl)

ll.. ll.. ll.. ll.. c .... E-< ~ - » Cl) ·r;; Respondent ~

Vl E-< Q. E-< Q. r-- M \0 ir\ Vl 0 ~8 ~8 i:.tl 0 °' M v r-- ~

Vl ~

~ u >u ~ !0 - r-- t.t.. ll.. ~

ALIBABA RESPONDENTS

Alibaba x x x x x x x x x x x Huizhou Dashu Trading Co., x x x x x x x Ltd.

DHGA TE RESPONDENTS

DHgate x x x x x x x x x x x SZ Flowerfairy Technology x x Ltd.

Tan Er Pa Technology Co., x x x x x x x Ltd.

Shenzhen Great Electronic x x x Technology Co., Ltd.

Huagong Trading Co., Ltd. x x x x x x x x x BONANZA RESPONDENT

Bonanza x x x x x x x x x

2

~ '@ '@ a ~ .... Q) (!)

a - -e .c .0 "E e Cf)

~ Cf) (!)

~·~ c:: "O (!) Cl:! Cl:! "O ~ ~

• Cii s-.

~ (!) 0. •t: E-t - 0 N N :::: E-t '8 u .... .... .... .... Q)

~ 0 .... 0 .... c:: c:: c:: c:: > 0 '@ ~~ 0 ..c: o-§h ~

(!) Q) (!) "O .... ~

.... Cl) bl)

&! Cl:! <( bl) - N.~ M ·c: .0 Q) -2 ......

- >. jl.,. jl.,. jl.,. c:: .... (!) • Cii

Respondent e CIJ f-1 CIJ &--< 0. f-1 0. r--- M '° V'l CIJ

~ 0 w- w 0 ~8 O'I M

""" r--- ~

CIJ

>- 8 >- u ~ !0 - r--- ~ u ~ ~ jl.,.

WISH RESPONDENT

Wish x x x x x x x x x x x

3. On information and belief, all RESPONDENTS have engaged in violations of

·Section . 337 through the unlicensed importation into the United States and/or the sale for

importation of accused products . that · infringe one or more of the following federally registered

trademarks owned by YETI (collectively; "the Asserted Trademarks"):

• U.S. Trademark Reg. No. 5,233,441 ("the Rambler® Trademark") (Appx. A)

and/or

• · U.S. Trademark Reg. No. 4,883,074 ("the Colster® Trademark") (Appx. C).

4. On information and belief, all RESPONDENTS have further engaged in violations

of Section 337 through the unlicensed importation into the United States and/or the sale for

importation of accused products that infringe one or more of the following federally registered

copyrights owned by YETI (collectively, "the Asserted Copyrights"):

• U.S. Copyright Reg. No. VA 1-974-722 ("the YETI Rambler® Colster®

Copyright") (Appx. E; Ex. I);

• U.S. Copyright Reg. No. VA 1-974-732 ("the YETI 20 oz. Rambler®

Copyright") (Appx. F; Ex. 2); and/or

3

• U.S. Copyright Reg. No. VA 1-974-735 ("the YETI 30 oz. Ramble!®

Copyright") (Appx. G; Ex. 3).

5. On information and belief, all RESPONDENTS have engaged in violations of

Section 337 through the unlicensed importation into the United States and/or the sale for

importation of accused products that infringe one or more of the following United States design

patents owned by YETI (collectively, "the Asserted Design Patents"):

• U.S. Design Patent No. D752,397 ("the '397 Patent") (Ex. 4);

• U.S. Design Patent No. D780,533 ("the '533 Patent") (Ex. 5);

• U.S. Design Patent No. D781,146 ("the '146 Patent") (Ex. 6); and/or

• U.S. Design Patent No. D784,775 ("the '775 Patent") (Ex. 7).

6. As required by Section 337(a)(2) and defined in Section 337(a)(3), an industry in

the United States exists relating to YETI's products, which practice or use the Asserted

Trademarks, the Asserted Copyrights, and the Asserted Design Patents (collectively, "the Asserted

IP").

7. On information and belief, Alibaba, DHgate, Bonanza, and Wish have each

engaged in violations of Se'ction 337 by engaging in unfair competition through false advertising

and conspiracy to commit false advertising, in violation of Sections 42 and 43 of the Lanham Act

( 15 U.S. C. § § 1124 and 1125), though the use of false or misleading description of fact, or false

or misleading representation of fact, which were used in commercial advertising or promotion,

which misrepresents the nature, characteristics, and qualities of goods and which resulted in a false

or misleading article being sold for importation or imported into the United States. These acts

have included, but are not limited to, the use of related metadata to advertise and solicit sales for

importation into the United States and importation into the United States of unlicensed insulated

beverage containers, components, labels, and packaging materials thereof. Alibaba, DHgate,

4

Bonanza, and Wish have alone, as well as in combination and, on information and belief, with the

assistance of others, injured COMPLAINANT through their unlawful acts.

8. On information and belief, Alibaba, · DHgate, Bonanza, and Wish have each

engaged in violations of Section 337 by engaging in unfair competition through passing off and

conspiracy to pass off counterfeit articles, in violation of Sections 42 and 43 of the Lanhain Act

(15 U.S.C §§ 1124 and 1125), though deception and intent to confuse the buyer such that articles

would be purchased from one manufacturer under the belief that the products of another are

purchased. The acts include, but are not limited to, the use of false or misleading description of

fact, or false or misleading representation of fact, which misrepresents the goods and which

resulted in a fake article being sold for importation or imported into the United States. These acts

have included, but are not limited to; the use of related metadata to advertise and solicit sales for

importation into the United States and importation into the United States of unlicensed insulated

beverage containers, components, labels, and packaging materials thereof. Alibaba, DHgate,

Bonanza, and Wish have alone, as well as in combination and, on information and belief, with the

assistance of others, injured COMPLAINANT through their unlawful acts.

9. COMPLAINANT seeks a limited exclusion order, pursuant to Section 337(d),

permanently excluding the accused insulated beverage containers, components, labels, and

packaging materials thereof from entry into the United States.

10. COMPLAINANT also seeks a permanent cease and desist order, pursuant to

Section 337(f), prohibiting:

a. the sale, offer for sale, advertising, marketing, packaging, distribution,

maintaining inventory, or solicitation · of any sale of imported insulated

5

beverage containers, components, labels, and packaging material thereof

that infringe any of the Asserted IP; and/or

b. engaging in the unfair methods or acts involved .

. II. COMPLAINANT

11. 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, Texas 78735. YETI was

founded in 2006 by brothers Roy and Ryan Seiders in Austin, Texas, and was subsequently

incorporated as YETI Coolers, Inc., a Texas corporation, in 2010. In 2012, YETI Coolers, Inc.

was converted into YETI Coolers, LLC, a Delaware limited liability company, and subsequently

YETI Coolers, LLC was acquired by an indirect subsidiary of YETI Holdings, Inc., a Delaware

corporation incorporated in 2012. Thereafter, through two subsequent mergers, YETI Coolers, .

LLC became a wholly owned subsidiary of YETI Holdings, Inc. YETI Coolers, LLC-the

COMPLAINANT here-remains the operating entity and owns all of the Asserted IP.

12. Roy Seiders and Ryan Seiders are natives of Driftwood, Texas. The two brothers

founded- YETI with the simple mission to make high-quality coolers. They are avid outdoorsmen

who were frustrated with equipment that could not keep pace with their pursuits. Tired of relying

on poorly constructed coolers, they set out to build more durable, superior-performing hard-sided

coolers with distinct designs. They have continued to use this same approach to product design,

quality, and performance, as YETI has expanded its product lines beyond hard coolers to other

products, including stainless steel drinkware.

13. YETI uses high quality materials and advanced design and manufacturing

processes to create its distinctive products. YETI's current product portfolio includes the

following products, as well as recently introduced products such as the Panga™ airtight

submersible duffel, and the LoadOut™ bucket:

6

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14. YETI's culture of innovation and success in identifying consumer needs drives its

robust product pipeline. YETI designs and develops products that it believes set new standards

for design, product quality, and durability. YETl's product development team-based in Austin,

Texas-utilizes advanced design software, 3D printing, and rapid prototyping, among other state-

of-the-art technologies. YETI also actively develops and protects its intellectual property,

including in the United States.

15. YETI has a history of developing innovative products. For example, in 2014, YETI

introduced its Hopper® soft-sided cooler products and its Rambler® stainless steel insulated

drinkware products, including its Rambler® 20 oz. and 30 oz. Tumblers. In 2015, YETI

introduced additional Rambler® stainless steel insulated drinkware products, including its

7

Rambler® Colster® Drink Holder and Rambler® Lowball. YETI further extended its Rambler®

stainless steel insulated drink.ware products with the introduction of its Rambler® Bottles in 2016

and its Rambler® Jugs in 2017.

16. YETI has spent millions of dollars promoting its products bearing the Asserted IP

through advertisements and promotions in magazines, newspapers, billboards, and television ads;

on the Internet, including pre-roll, social media, banner ads, page takeovers, and the official YETI

website, http://www.yeti.com; through sponsorship of tradeshows and outdoor sporting events

such as GoPro Mountain Games, Banff Mountain Film Festival, and Dominican River Rock, and

through numerous sponsored ambassadors in hunting, fishing, beer/barbecue, ranch/rodeo, and

outdoor, including 5"'.'time World Steer Wrestling Champion Luke Branquinho, two-time world

champion bull rider J.B. Mauney, published author, celebrated fishing guide and casting instructor

Flip Pallot, and author of The New York Times best seller "Franklin Barbecue: A Meat Smoking

Manifesto" and the host of the television show "BBQ with Franklin," Aaron Franklin. YETI's

prominent use and promotion of products· bearing the Asserted IP . has further enhanced the

distinctiveness, recognition, and fame associated with the intellectual property in and to YETI's

products. In the last few years alone, YETI has experienced substantial sales of its goods,

including the goods bearing the Asserted IP.

17. Genuine YETI branded goods bearing the Asserted IP are widely legitimately

advertised, promoted, and offered for sale by YETI, its authorized distributors, and unrelated third

parties via the Internet. Visibility on the -Internet, particularly via Internet search engines such as

Google, Yahoo!, and Bing, is an important part of YETI's marketing and consumer education

efforts, which YETI invests · in, including through search engine optimization strategies. Those

8

strategies allow YETI and its authorized retailers to fairly and legitimately educate consumers

about the value associated with the Asserted IP and the goods sold thereunder.

18. YETI employs over 500 people in the United States. YETI's principal executive

and administrative offices are located at 7601 Southwest Parkway in Austin, Texas. The company

recently moved its headquarters from its previous space in Austin to this new location, where the

company has leased a new 175,000 square foot complex. YETI further leases a 35,000 square

foot warehouse in Austin, Texas, where it handles kitting, customization fulfillment, product

returns, and distribution. In addition, YETI leases a 21,000 square-foot facility in Austin, Texas,

that serves as its Innovation Center, and an 8,200 square-foot facility in Austin, Texas, that serves

as the YETI Flagship Store, a brand experience center.

19. YETI's products are produced by third-party contract manufacturers. Some of

those manufactures are in the United States, China, and the Philippines. YETl's third-party

contract manufacturers ship most products to YETI's distribution center in Dallas, Texas. YETI

uses a third-party logistics provider, GEO DIS, to manage YETI's inventory in the 460,000 square

foot Dallas facility. GEODIS also provides other various distribution activities through the Dallas

distribution center, including product receipt, warehousing, certain limited product inspection

activities, and outbound shipping.

20. YETI distributes products throughout the United States through its wholesale

channel, through its retail partners channel, and through its direct-to-consumer channel. In its

wholesale channel, YETI products are sold by approximately 6,000 independent retailers located

throughout the United States. In its retail partners channel, YETI products are sold by national

retailers located throughout the United States, including Academy Sports + Outdoors, Bass Pro

Shops, Cabela's, Dick's Sporting Goods, Recreational Equipment Inc. ("REI"), and West Marine~

9

In its direct-to-consumer channel, YETI sells products directly to consumers located throughout

the United States, including through YETI's website, through YETI's Flagship Store in Austin,

Texas, and through telephone orders placed withYETI's sales team in Austin, Texas.

21. In May 2017, YETI acquired the YETI Custom Shop, located in Austin, Texas, to

help customers, such as sports teams, universities, and companies; officially customize products

from YETI's Rambler® line of insulated drinkware. Through the YETI Custom Shop website at

http://yeticustomshop.com/, customers can customize colors and add monograms, logos, custom

text, graphic designs, and/or original artwork. The YETI Custom Shop designs, produces, and

ships customized Rambler® products to customers domestically and internationally.

22. YETI is a proud Texas company and supports its community. For example, as a

result of the devastation from Hurricane Harvey, on September 1, 2017, YETI donated 100% of

the proceeds from YETI.com and from its Flagship Store in Austin, Texas, to the relief, recovery,

and rebuilding efforts. Through these and other efforts, YETI raised over $1.8 million dollars to

help those impacted by Hurricane Harvey's devastation.

23. The conduct of RESPONDENTS described herein is a direct affront to this Texas

spirit and robs the United States of jobs through the blatant copying and associated profiteering.

III. PROPOSED RESPONDENTS

24. On information and belief, the RESPONDENTS include importers, trading

companies, distributors, and retail companies that import and/or sell for importation insulated

beverage containers, components, labels, and packaging materials thereof that infringe one or more

of the Asserted IP. RESPONDENTS are not authorized sellers of YETI products.

10

A. ALIBABA RESPONDENTS

1. Alibaba Group Holding Limited; Alibaba (China) Technology Co., Ltd.; Alibaba.com Hong Kong Limited; Alibaba.com Singapore ECommerce Private Limited; and Hangzhou Alibaba Advertising Co., Ltd.

25. On information and belief, Respondent Alibaba Group Holding Limited is a

Cayman Islands holding company with its principal operating businesses located at 26/F Tower

One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong. (See Ex. 8 at Cover.) On

information and belief, Alibaba Group Holding Limited has additional offices in China· at

969 West Wen Yi Road, Yu Hang District, Hangzhou 311121 (id. at 57; Ex. 9), and

699 Wang Shang Road, Binjiang District, Hangzhou 310052 (Ex. 9).

26. On information and belief, sellers using the websites http://www.alibaba.com

("Alibaba.com") and http://www.aliexpress.com ("Aliexpress.com") enter into a contract with

Alibaba (China) Technology Co., Ltd.; Alibaba.com Hong Kong Limited; Alibaba.com Singapore

E-Commerce Private Limited; and/or Hangzhou Alibaba Advertising Co., Ltd., depending on

location. (Ex. I 0 at if 2.1; Ex. 11 at if 1.1 ). These Alibaba entities all share the same address at

26/F Tower One, Times Square 1 Matheson Street, Causeway Bay, Hong Kong. (Ex. I 0 at if 11.1;

Ex. 11 at if 9.1.) The users of Alibaba.com and Aliexpress.com enter into a complex web of

agreements that obfuscate the relationship between the seller and Alibaba. These agreements

provide the Alibaba entities with control over the sellers and the transactions, and they give the

Alibaba entities a direct financial relationship with the sales.

27. In its Form 20-F filed with the U.S. Securities and Exchange Commission for the

fiscal year ending on March 31, 2017, Alibaba Group Holding Limited claimed to be "the largest

retail commerce company in the world in terms ofGMV [gross merchandise volume] in the twelve

months ended March 31, 2017." (Ex. 8 at 58.) That filing also reported that Alibaba Group

11

Holding Limited conducts "business operations across approximately 630 subsidiaries and other

. consolidated entities." (Id. at 111.) Among those operations, the company reported that "[w]e

operate Alibaba.com, China's largest global online wholesale marketplace in 2016 by revenue"

and that "buyers on Alibaba.com were located in over 200 countries and regions all over the

world." (Id. at 59). The company also stated that in addition to being "a leading wholesale

marketplace for global trade," "Alibaba.com also offers its members and other SMEs [small and

medium-sized enterprises] import/export supply chain services, including customs clearance, VAT

refund, trade financing and logistics services. As of March 31, 2017, Alibaba.com had over

141,000 paying members." (Id. at 74.) Alibaba Group Holding Limited also reported that "[w]e

operate AliExpress, our global retail marketplace with approximately 60 million annual active

buyers from around the world, buying directly from manufacturers and distributors in China." (Id.

at 59.) It further stated that "[t]op consumer markets where AliExpress is popular are Russia, the

United States, Brazil, Spain, France, and the United Kingdom," and that "[m]erchants on

AliExpress pay a commission, this is typically 5% to 8% of transaction value." (Id. at 73).

28. On information and belief, Respondent Alibaba (China) Technology Co., Ltd. is a

Chinese company with a location at 26/F Tower One, Times Square, I Matheson Street, Causeway

Bay, Hong Kong. (Ex. 11 at mf I.I, 9.1.) On information and belief, Alibaba (China) Technology

Co., Ltd. is a wholly-owned subsidiary of Alibaba Group Holding Limited. (Ex. 8 at 111.) On

information and belief, Alibaba (China) Technology Co., Ltd. is involved in the operation of and

provides services in connection with Alibaba.com and Aliexpress.com. (Ex. 8 at 111 n.6; Ex. 11

at 1.)

29. On information and belief, Respondent Alibaba.com Hong Kong Limited is a Hong

Kong company with a location at 26/F Tower One, Times Square, I Matheson Street, Causeway

12

Bay, Hong Kong (Ex. 10 at iii! 2.1, 11.1). On information and belief, Alibaba.com Hong Kong

Limited is a wholly-owned subsidiary of Alibaba Group Holding Limited. (Ex. 8 at 111.) On

information and belief, Alibaba.com Hong Kong Limited is involved in the operation of and

provides services in connection with Alibaba.com and Aliexpress.com. (Ex. 10 at 1.)

30. On information and belief, Respondent Alibaba.com Singapore E-Commerce

Private Limited is a Singapore company with a location at 26/F Tower One, Times Square,

1 Matheson Street, Causeway Bay, Hong Kong (Ex. 10 at~ 2 .1, 11.1 ). On information and belief,

Alibaba.com Singapore E-Commerce Private Limited is a wholly-owned subsidiary of Alibaba

Group Holding Limited. (Ex. 8 at 111 .) On information and belief, Alibaba.com Singapore

E-Commerce Private Limited is involved in the operation of and provides services in connection

with Alibaba.com and Aliexpress.com. (Ex. 10 at 1.)

31. On information and belief, Respondent Hangzhou Alibaba Advertising Co., Ltd. is

a Chinese company with a location at 26/F Tower One, Times Square, 1 Matheson Street,

Causeway Bay, Hong Kong (Ex. 10 at~ 2.1, 11.1 ). On information and belief, Hangzhou Alibaba

Advertising Co., Ltd. is owned by Jack Ma and Simon Xie, and has contractual agreements with

Alibaba (China) Technology Co., Ltd. (Ex. 8 at 111.) On information and belief, Hangzhou

Alibaba Advertising Co., Ltd. is involved in the operation of and provides services in connection

with Alibaba.com and Aliexpress.com. (Ex. 8 at 111 n.6; Ex. 10 at 2.)

32. On information and belief, Respondents Alibaba (China) Technology Co., Ltd.;

Alibaba Group Holding Limited; Alibaba.com Hong Kong Limited; Alibaba.com Singapore

E-Commerce Private Limited; and Hangzhou Alibaba Advertising Co., Ltd. are related entities

either through corporate ownership or contractual agreements in connection with Alibaba.com and

13

Aliexpress.com-that operate from the same location, and will therefore be collectively referred

to herein as "Alibaba."

33. Alibaba provides additional services through affiliates through Alibaba.com. (Ex.

10 at, 2.5.) Under the basic Terms of Use, Alibaba asserts control by prohibiting competition and

taking licenses to all intellectual property. Alibaba prohibits members from engaging in activities

that are identical or similar to Alibaba' s e-commerce marketplaces. (Id. at, 5. 7.) Alibaba receives

an irrevocable, perpetual, world-wide, royalty-free, sub-licensable license to display, transmit,

distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and

otherwise use any and all of the user's content in any form and for any purpose that may be

beneficial to operation of the site and provision of any service. (Id. at, 3.7.) Under the Terms of

Use, in order to use the web-based transaction platforms to place, accept, condude, manage, and

fulfill orders, the user enters into the Transaction Services Agreement. (Id. at , 7 .1 ). Under the

Terms of Use, if there are any conflicts or inconsistencies with the additional agreements, such as

those discussed below, the additional agreements take precedence. (Id. at, 1.5).

34. The Transaction Services Agreement applies to sales on Alibaba.com and

Aliexpress.com and pertains to additional services including Alipay, which requires an additional

agreement. (Ex. 11 ). The contracting parties for the Transaction Services Agreement for China

based merchants are Respondent Alibaba.com Singapore E-Commerce Private Limited and

Respondent Alibaba (China) Technology Co., Ltd. (Id. at, 1.1.) Respondents Alibaba.com

Singapore E-Commerce Private Limited and Alibaba (China) Technology Co., Ltd. are both

located at 26/F Tower One, Times Square 1 Matheson Street, Causeway Bay, Hong Kong. (Id. at

, 9.1.) The Transaction Services Agreement provides Buyer Protection Plan benefits. (Id. at

, 2.6(b).) Under the Transaction Services Agreement, the merchants "expressly acknowledge and

14

agree that Alibaba.com shall have the full power, authority and discretion to reject or cancel an

Online Transaction and to make a determination on any dispute between buyer and seller including

the remittance of the funds under an online transaction that are held by Alipay as instructed by

Alibaba.com in accordance with this Agreement, the Alipay Services Agreement . [sic] and the

relevant transactional terms." (Id. at~ 2.10.) In addition, the merchants "agree and accept that

Alibaba.com shall have the right to modify or supplement the Transaction Terms." (Id.) The

Transaction Services Agreement requires the merchant to enter into the Alibaba.com Supplemental

Services Agreement. (Id. at~ 3.5.)

35. The Alibaba.com Supplemental Services Agreement is entered into with

Alibaba. com Singapore E-Commerce Private Limited and its affiliate( s ). (Ex. 12 at 1.) Paragraph

3 .4 of the agreement sets forth the buyer protection plan and provides that sellers who subscribe

to the plan may be required to provide a deposit of funds, and authorizes Alibaba "to deduct,

withhold and dispose of any deposits provided." The agreement also provides, under Paragraph

3.6, that Alibaba receives any unclaimed money.

36. On information and belief, as set forth in Exhibit 13, Gold Supplier Members

participate in the Request For Proposal benefits. The Terms and Conditions Governing Request

for Quotation define the RFP process and include the Alibaba Business Trust System Service

Agreement. (Ex. 14 at 1.) Under Paragraph 8 of the Terms and Conditions Governing Requests

for Quotation, Alibaba has the right to match any RFP or not match a seller at Alibaba's sole

. discretion. Alibaba also takes the right to use a seller's product listings and related information,

including pictures and specifications, to operate the services. (Id. at ~ 11.)

37. The Alibaba Business Trust System Service Agreement is only available in

Chinese, but Alibaba provides an unofficial translation. (Ex. 15.) Under the Trust System Service

15

' Agreement, the party enters into an agreement with Respondent Alibaba (China) Technology Co.,

Ltd. (Id. at 1.) Under this agreement, Alibaba takes rights in all information and data, and allows

them to be used by any affiliate or business partner. (Id. at iMf 2.9.1, 2.9.2.) Alibaba also takes

ownership in all intellectual property content "including but not limited to created works~ pictures,

archived data, general data, website structure, website layout and web design." (Id. at~ 9.1 .) In

addition, the agreement states that "[i]n order to achieve the Service Purpose, you [seller] hereby

grant Alibaba, its affiliates and business partners an exclusive, transferable, worldwide, sub-

licensable, and royalty-free license to use, copy, amend, rewrite, publish, translate and distribute

any of your name, profile, trademark, trade name, device, design and/or logo and brand name, for

purposes of the Services." (Id. at~ 9.3 .)

38. On information and belief, certain insulated beverage containers, components,

labels, and packaging materials thereof that infringe one or more of the Asserted IP are imported

into the United States and/or sold for importation by Alibaba through the Internet, for example at

Alibaba.com and Aliexpress.com. (See.Exs. 16, 17.) On information and belief, Alibaba owns

and operates the websites Alibaba.com and Aliexpress.com.

39. Despite requiring actual company information 3!1d entering into agreements for

Buyer Protection, Aliexpress.com maintains a number of ghost stores that have no apparent

physical address and exist for the purpose of violating COMPLAINANT's intellectual property.

These include the "YE TI Store" (Ex. 18), "YE-TI Camo Cups Store" (Ex. 19), the "SHOP2882 l 99

Store" (Ex. 20 at 2), the "Enjoying Life Top Store -Shenzhen Store" (Ex. 21), the "Hangz Canen

Business Store" (Ex. 22), and the "Beautiful Homey Store" (Ex. 23).

16

40. Alibaba?s use of ghost sellers and complicated layered agreements, only some of

which appear to be publicly available, allows Alibaba to directly participate in and profit from the

improper use ofCOMPLAINANT's Asserted IP.

41 . Alibaba actively engages in the advertisement of counterfeit goods with subsequent

sale for importation and importation of the counterfeit goods. On information and belief, using

metadata associated with COMPLAINANT, Alibaba targets users that have searched for related

products and recommends, through placed advertisements, counterfeit products to those users. As

shown in Exhibit 24, Alibaba identified and advertised counterfeit product on Aliexpress.com

under a heading "Recommendations for you":

US$13.60 ~

2.orders

42. As shown in Exhibit 25, selecting the advertised listing takes the user to the product

listing for a counterfeit YETI.product, offered under the "Beautiful Homey Store," from which the

counterfeit products were purchased (Ex. 26). The product advertised in the listing purports to be

a YETI product, based on the information and photographs provided. The Rambler® Trademark

is used in the product listing name (Ex. 25 at 1 ), and the YETI brand can be seen in the lid in the

photo below (id. at 8):

17

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...._ __ _,! ple<e(l993 pltces avallablo)

Buy Now Add to Cart

43. As shown in Exhibit 26, sale of the advertised product is consummated directly

through Aliexpress.com.

18

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44. On information and belief, Alibaba is directly and actively involved in the sale for

importation and/or importation of the accused insulated beverage containers, components, labels,

and packaging materials thereof. Alibaba's involvement in the importation and sale of the Accused

Products is detailed in Section X, infra.

2. Huizhou Dashu Trading Co., Ltd.

45. On information and belief, Respondent Huizhou Dashu Trading Co., Ltd. ts a

Chinese corporation with its principal place of business located at 2001 Unit 2, #203 Building,

Jinshanhu Garden, Huanhu Third Road, Huicheng District, Huizhou City, Guangdong Province,

China, Telephone Number: +86 182 11309655. (Ex. 27.) Respondent Huizhou Dashu Trading

Co., Ltd. lists products through Alibaba.com and is a "Gold Supplier" that also offers "Trade

Assurance." (Ex. 28.) On information and belief, Respondent Huizhou Dashu Trading Co., Ltd.,

as a "Gold Supplier," has entered into one or more contracts with Respondent Alibaba.

19

46. On information and belief, Respondent Huizhou Dashu Trading Co., Ltd. is directly

and actively involved in the sale for importation and importation of the accused insulated beverage

containers, components, labels, and packaging materials thereof. Respondent Huizhou Dashu

Trading Co., Ltd.' s involvement in the importation and sale of the Accused Products is detailed in

Section X, i11fra.

B. DHGATE RESPONDENTS

1. Dunhuang Group

47. On information and belief, Respondent Dunhuang Group ("DHgate") is a Chinese

corporation with its principal place of business at 6F Dimeng Commercial Building, No. 3-2 Hua

Yuan Road, Haidian District, Beijing 100191, China. (Ex. 29 at 6.)



into the United States and/or sold for importation by DHgate through the Internet, for example at

http://www.dhgate.com ("DHgate:com"). (See Ex. 30.) On information and belief, DHgate owns

and operates the website http://www.dhgate.com. (Ex. 29 at I.)

49. On information and belief, DHgate obfuscates its control over the sellers and its

financial relationship with the sales. Although the buyer's page (http://www.dhgate.com) is

available in eight languages (notably, Chinese is not one of the eight available languages), once a

user clicks on the seller's page (http://seller.dhgate.com), Chinese becomes the only language

available.

50. On information and belief, eligible sellers are limited to individuals or business

entities residing in mainland China and business entities in Hong Kong.

20

51. On information and belief, a prospective seller who wants to register on

DHgate.com must provide a valid Chinese cell phone number, to which the system will send an

· authentication code to completethe registration process.

52. On information and belief, as a prerequisite to selling products on DHgate.com, a

prospective seller must provide front and back photos of his or her Chinese citizen identification

card, which contains the individual's headshot, name, gender, age, ethnic group, address, and ID

number (which is similar to one's social security number in the United States). On information

and belief, DHgate will take .steps to verify the identity of the prospective seller. On information

and belief, a seller who has not fulfilled DHgate's authentication process cannot list or sell products

on DHgate.com.

53. On information and belief, DHgate has specific policies on nearly every type of

product listed on DHgate.com, including policies on selling cell phones, storage devices, jewelry,

LED lights, car seats, outdoor products, perfumes, etc. On information and belief, DHgate's

general listing rules unify the format and manner in which products are described and listed.

54. On information and belief, DHgate has the final authority to adjudicate buyer-seller

disputes. On information and belief, when seller and buyer cannot resolve a dispute through

private negotiations, DHgate has the full power, authority, and discretion to make a determination

on any dispute between buyer and seller. On information and belief, DHgate's dispute resolution

center will collect and review evidence submitted by seller and buyer, adjudicate the dispute using

DHgate's policies, and make a final determination, including hearing appeals from the losing

party.

55. On information and belief, DHgate holds funds under each online transaction arid

has the exclusive control over fund release to the seller's account. On information and belief,

21

when DHgate notices suspicious activities of a seller account, it has the full authority to suspend

fund release to that seller account.

56. 01i'information and belief, DHgate provides its sellers with the DHLink service, a

full-service logistics and tracking system that facilitates sellers' sale and importation of goods into

the United States. On information and belief, DHgate has two types of logistics services: online

shipping and offline shipping. On information and belief, by choosing the online shipping option,

all a seller needs to do is to create a shipping label on the package, and a DHgate-affiliated courier

will collect and ship the package to the United States. On information and belief, under the offline

shipping option, a seller ships the goods to a DHgate warehouse in China, and DHgate will ship

the goods from its warehouse to the United States. Under both options, the seller is able to track

the packages on DHLink's website.

57. DHgate actively engages in the advertisement of counterfeit goods with subsequent


metadata associated with COMPLAINANT, DHgate.com targets users that have searched for

related products and recommends, through placed advertisements, counterfeit products to those

users. As shown in Exhibit 31, DHgate.com identified and advertised counterfeit products under

the heading of"Featured Recommendations":

, .·. . : r ·1,1Zll , -,., - ,a~ ' ' . ' ' l

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HOT YETI Rambter Tumbler 10oz 12oz, 18oz 20oz 30oz

From US '5.83· I Piece

22

58. Clicking on the advertised listing brings users to the product listing for counterfeit

YETI products. (Ex. 31 at 2.) As shown in Exhibit 32, sale of the advertised product is

consummated directly through DHgate.com.

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59. The shipping document associated with the order often advertised counterfeit YETI

Rambler® Tumblers ordered from DHgate identified Respondent SZ Flowerfairy Technology Ltd.

60. On information and belief, DHgate is directly and actively involved in the sale and

importation of the accused insulated beverage containers, components, labels, and packaging

materials thereof. DHgate' s involvement in the importation and sale of the Accused Products is

detailed in Section X, infra.

2. Respondent SZ Flowerfairy Technology Ltd.

61. On information and belief, Respondent SZ Flowerfairy Technology Ltd. 1s a

Chinese corporation with an .address at 115 Room, No. 12, Building Pinshangyuan, Xixiang Street,

Baoan District, Shenzhen, China, Tel. +86 158 14413791. (Ex. 33.)

23

62. On information and belief, Respondent SZ Flowerfairy Technology Ltd. is directly


containers, components, labels, and packaging materials thereof. Respondent SZ Flowerfairy

Technology Ltd. 's involvement in the importation and sale of the Accused Products is detailed in

Section X, if?fra.

3. Respondent Tan Er Pa Technology Co., Ltd. aka Watermalia

63. On DHgate.com is a seller using the name "Watermalia." (Ex. 34.) No address or

name is provided and the seller store simply identifies its location as "Guangdong, China

(Mainland)." (Id.) The seller states: · "Welcome to Our Store! We Are Offering High Quality

Products with Reasonable Wholesale Price. All Products Are Supply from Factory Directly.

Excellent Service and Fast Shipping." (Id.) After making a purchase through the Watermalia

seller store, upon arrival of the products, two shippers were identified with the shipment The two

shippers identified are:

(i) Annie Zhong, who on information and belief is an individual that works or

resides at 198 Kong Sang Road, Fu Wai Village, Fuyong Town, Baoan

District, Shenzhen, Guangdong, China (Ex. 35); and

(ii) Tan Er Pa Technology Co., Ltd., which on information and belief is a

Chinese corporation with its principal place of business located at Floor 9

10, No. 29 Qianlu, Manfeng Village Shajing, Kwai Chung N.T., Hong Kong

(Ex. 36).

64. On information and belief, Respondent Tan Er Pa Technology Co., Ltd. is directly


containers, components, labels, and packaging materials thereof. Respondent Tan Er . Pa

24

Technology Co., Ltd. 's involvement in the importation and sale of the Accused Products is detailed

in Section X, infra.

4. Respondent Shenzhen Great Electronic Technology Co., Ltd.

aka Bossvape

65. On DHgate.com is a seller using the name "Bossvape," whose company name is

identified as Bossvape Ltd. (Ex. 37.) No address or other name is provided, and the seller store

simply identifies its location as "Guangdong, China (Mainland)." (Id.) The seller states:

"bossvape LTD. is an professional electronic Supplier, focus on the development, production of

high-tech healthful electronic goods and its accessories." (Id.) After making a purchase through

the Bossvape seller store, upon arrival of the products, two shippers were identified with the

shipment. The two shippers identified are:

(i) Shenzhen Great Electronic Technology Co., Ltd., which on information

and belief is a Chinese corporation with its principle place of business at

Room 3108A, Modem International, Jintian Rd, Futian District, Shenzhen,

China 518000, Tel. (86 755) 82530962 (Ex. 38); and

(ii) Banq Technology Trading Ltd., which on information and belief is a

Chinese corporation with its principle place of business at Lat 21, G/F,

Black A. Golden, Kwai Chung, Hong Kong (Ex. 39).

66. On information and belief, Banq Technology Trading Ltd. is the shipper and

Shenzhen Great Electronic Technology Co., Ltd. is the likely manufacturer and seller of the

shipped product. On information and belief, Respondent Shenzhen Great Electronic Technology

Co., Ltd. is directly and actively involved in the sale for importation and importation of the accused

insulated beverage containers, components, labels, and packaging materials thereof Respondent

25

Shenzhen Great Electronic Technology Co., Ltd.'s involvement in the importation and sale of the

Accused Products is detailed in Section X, infra.

5. Respondent Huagong Trading Co., Ltd. aka Factory_seller88

67. On DHgate.com is a seller using the name "Factory_seller88," whose company

name is identified as identified as Huagong Trading Company Ltd. (Ex. 40.) No address or other

name is provided and the seller store simply identifies its location as "Hebei, China (Mainland)."

(Id.) On information and belief, Respondent Huagong Trading Co., Ltd. is a Chinese corporation

with its principal place of business located at W ANGSHIZHUANG, QINGHE County, Hebei,

QINGH, Hebei, China, Tel. +86 (319) 8055433. (Ex. 41.)

68. On infom1ation and belief, Respondent Huagong Trading Co., Ltd. is directly and

actively involved in the sale for importation and importation of the accused insulated beverage

containers, components, labels, and packaging materials thereof. Respondent Huagong Trading

Co., Ltd. 's involvement in the importation and sale of the Accused Products is detailed in

Section X, infra.

C. BONANZA RESPONDENT

1. Bonanza.com, Inc.

69. On information and belief, Respondent Bonanza.com, Inc. ("Bonanza") is a

company incorporated in the State of Washington (Ex. 42), with a principal place of business at

3131 Western Ave, Suite 428, Seattle, Washington 98121 (id.; Ex. 43 at 2).



into the United States and/or sold for importation by Bonanza through the Internet, for example at

http://www.bonanza.com ("Bonanza.com"). (See Ex. 47.) On information and belief, Bonanza

owns and operates the website Bonanza.com.

26

71. Under the User Agreement governing services offered through Bonanza.com,

Bonanza maintains control and the authority to "modify or terminate service for any reason" as

well as to "refuse service for any reason." (Ex. 44 at 1.) Bonanza's paid memberships come in

Gold, Platinum, and Titan levels, which include services such as inventory tracking and sponsored

search. (Ex. 45.) Under the terms of Bonanza's advertising program, Bonanza is paid a percentage

of the cost of the goods advertised, and, in addition to advertisement on the Bonanza website,

Bonanza pushes the products into advertising channels such as Google Shopping, eBay, BingAds,

and Next Tag. (Ex. 46 at 1-2.)

72. On information and belief, sellers on Bonanza.com must register with Bonanza arid

provide informa..tion identifying the seller's name and address. Nevertheless, Bonanza.com

maintains a number of stores with no readily identifiable information concerning the seller's

identity or address, and such ghost stores exist for the purpose of violating COMPLAINANT's

intellectual property. These include the "ELLASVISION" store (Ex. 48) and the "just_the_best"

store (Ex. 49). Bonanza's use of ghost sellers allows Bonanza to directly participate in and profit

from the improper use ofCOMPLAINANT's Asserted IP.

73. Bonanza actively engages in the advertisement of counterfeit goods with

· subsequent sale for importation and importation of the counterfeit goods. On information and

belief, using metadata associated with COMPLAINANT, Bonanza targets users that have searched

for related product and recommends, through placed advertisements, counterfeit products to those

users. As shown in Exhibit 50, Bonanza identified and advertised counterfeit product under the

"Best-Rated Mugs" heading:

27

13'est-Rated! Mugs

7 4. As shown in Exhibit 51; the advertisement takes the user to a series of listings for

various types of mugs, including counterfeit YETI products:

Yeti Mug 40309 2·11sted proc:tucts • s22.oot0 $23.00 1 customer leV!evt

.l'Ji cntna cl sta1n1ess steel t?.t tnenen ~ tUmDler

75. Selecting the listing for "Yeti Mug 46309," leads to a listing for "Yeti Rambler

Tumbler 30oz Travel Mugs New Colors," as shown in Exhibit 52, offered under the

"just_the_best" store, from which the counterfeit products were purchased (Ex. 53). As shown in

Exhibit 53, sale of the advertised product is consummated directly through Bonanza.com.

28

,.----- -- -- ·----- --·- ·- ··----bonanza I -y!IWIQ llUI ,,,. ~

Order Compl.t.!

w--~°"'-.ll<'St•nclYGUunllr<l•~~1nJCll'H>ol<•

·---~ ....... --'-' .... _ C~c1t

I ClckllOI0 .. -1 ..... lill<t_llO..-

·-----·-----< ··- - - --- - - -· - - ·- - - - ' l ~- - - ' - --- - --- ·•]

52300

f'REE sn.ao

76. On information and belief, Bonanza is directly and actively involved in the sale and


materials thereof. Bonanza's involvement in the importation and sale of the Accused Products is

detailed in Section X, infra_

D. WISH RESPONDENT

1. ContextLogic, Inc. d/b/a/ Wish

77_ On information and belief, Respondent ContextLogic, Inc_ d/b/a Wish ("Wish") is

a company incorporated in the State of Delaware (Ex_ 54), with a principal place of business at

1 Sansome Street, 40th Floor, San Francisco, California 94104 (id.; Ex_ 55 at 1).



into the United States and/or sold for importation by Wish through the Internet, for example at

http://www.wish.com ("Wish.com"). (See Ex. 56.) On information and belief, Wish owns and

operates the website Wish.com. _

29

79. On information and belief, sellers on Wish must register with Wish and provide

information identifying the seller's name and address. Nevertheless, Wish maintains a number of

ghost stores with no readily identifiable information concerning the seller's identity or address,

and such ghost stores exist for the purpose of violating COMPLAINANT's intellectual property.

These include the "longlonglong" store (Ex. 57); the "LOS666" store (Ex. 58); the "No password"

store (Ex. 59), the "Goodboyys" store (Ex. 60), the "Monica dan" store (Ex. 61 ), the "Y etiY eti"

store (Ex. 62), and the "AAA pearl" store (Ex. 63). Wish's use of ghost sellers allows Wish to

directly participate in and profit from the improper use ofCOMPLAINANT's Asserted IP.

80. Wish actively engages in the advertisement of counterfeit goods with subsequent


metadata associated with COMPLAINANT, Wish targets users that ha,ve searched for related

product and recommends, through placed advertisements, counterfeit products to those users. As

shown in Exhibit 64, Wish identified and advertised a listing for a counterfeit YETI product:

81. As shown in Exhibit 65, selecting the advertised listing takes the user to the product

listing for the counterfeit YETI product, offered under the "AAA pearl" store, from which the

counterfeit products were purchased (Ex. 66). As shown in Exhibit 66, sale of the advertised

product is consummated directly through Wish.com.

30

SHOPPING CART

Cheripesl 3IM St'linll!ss stnel Yeti R;imbler Tumbler 0 30 oz YETI Coolers cars Beer MU!J Large capaaty Mug Tumblers \¥Ith ilds

SUl!t J9 G2. CdOr" 0-. l>.:.!nlly: I (3

~ $16.15

I

ORDER SUMMARY

llwn Tolal:

&tlmmdSll~

ORDER TOTAL:

$16J5

saao

SU1S

I 82. On information and belief, Wish is directly and actively involved in the sale and


materials thereof. Wish's involvement, in the importation and sale of the Accused Products is

detailed in Section X, infra.

IV. PRODUCTS AT ISSUE

A. Insulated Beverage Containers Generally

83. There are many types of beverage containers. Some beverage containers are

insulated and some are not. In order to keep a drink colder or hotter longer, insulated containers

are often used because they reduce thermal transfer. One particular type of insulated container

utilizes a vacuum between a double-wall structure of the container. There are other types of

insulated beverage containers as well, including, for example, air and foam based containers.

84. Insulated beverage containers come in a variety of shapes, sizes, colors, and

materials. Numerous brands and retailers offer a wide variety of beverage container products that

compete with YETI's products, and there are low barriers to entry. Competition for selling

beverage containers is based on a number of factors including product design, quality,

performance, durability, styling, brand image, and price.

31

B. YETl's Products

85. YETI offers a variety of products that are each one particular type of insulated

beverage container, which · is a double-walled vacuum insulated container. YETI sells these

products under its Rambler® Trademark. (See Ex. 67.) YETI created unique, distinctive, and

non-functional designs to use with its Rambler® drinkware products. These products are made

from 18/8 stainless steel to help ensure toughness and the integrity of the vacuum insulation, and

they have a No Sweat™ Design that keeps condensation from forming on the outside surface.

YETI's design and development work for these products is performed exclusively in the United

States. YETI's Rambler® line of drinkware products is discussed in more detail below.

86. The YETI Colster® Drink Holder keeps cans and bottles cold inside a stainless

steel insulated container. A picture of a YETI Colster® Drink Holder holding a can is provided

below ..

32

87. The YETI Rambler® Lowball is a 10-ounce stainless steel insulated beverage

container. A picture of a YETI Rambler® Lowball is provided below.

88. YETI Rambler® Tumblers, available in 20-ounce and 30-ounce sizes, are stainless

steel insulated beverage containers. Pictures of both sizes of YETI Rambler® Tumblers are

provided below.

33

89. YETI Rambler® Bottles, which are available in 18-, 26-, 36-, and 64-ounce sizes,

are stainless steel insulated beverage containers. Pictures of the four sizes of YETI Rambler®

Bottles are provided below.

34

90. YETI Rambler® Jugs, which are available in half-gallon and one-gallon sizes, are

stainless steel insulated beverage containers. Pictures of the two sizes of YETI Rambler® Jugs

are provided below.

-------·--

91. YETI also began offering Rambler® drinkware products in DuraCoat™ colors.

Currently, these products are offered in Seafoam, Tahoe Blue, Olive. Green, and Black. Pictures

of some of YETI' s Rambler® drinkware in DuraCoat™ colors, with product labels, are provided

below.

35

I 92. YETI has sold millions of Rambler® drinkware products throughout the United

States, and has invested significant resources in the design, development, manufacture,

advertising, and marketing of the Rambler® products. The designs of the Rambler® drinkware

have received widespread and unsolicited public attention. For example, the Rambler® drinkware

products have been featured in numerous newspaper, magazine, and Internet articles.

C. RESPONDENTS' Products

93. RESPONDENTS' products at issue in this Complaint are insulated beverage

containers, components, labels, and packaging materials thereof. RESPONDENTS' containers,

components, labels, and packaging materials thereof are counterfeit products that illegally copy

the unique designs, trademarks, and copyrights owned by and associated with YETI in order to

36

pass RESPONDENTS' products off as genuine YETI products. Although RESPONDENTS'

products appear to most of the unknowing public as YETI products, they are in fact fakes and are

inferior in quality to YETI's products. RESPONDENTS are not authorized sellers of genuine

YETI products.

94. Indeed, comments from buyers of counterfeit YETI products on sites such as

Aliexpress.com, DHgate.com, and Wish.com demonstrate actual confusion ·as to whether the

counterfeit products are genuine YETI products. Buyers commented:

- "Very surprised when they came in as REAL Yetis!" (Ex. 68.)

- "Look exactly like the picture with logo and everything!" (Ex. 69.)

- "What can I say? If these are knock offs you can't tell. I compared it side by side

to one a friend bought earlier." (Id.)

- "Identical to the yeti I just purchased at Cabela's." (Ex. 70.)

- "Came quick, and it's a real yeti." (Id.)

- "Perfect!! And it's a real Yeti!!" (Ex. 71.)

- "Authentic yeti! : )" (Id.)

95. Pictures of RESPONDENTS' infringing insulated beverage containers,

components, labels, and packaging materials thereof are provided below. They may appear to be

real YETI products, but they are not.

96. Products received from the ALIBABA RESPONDENTS are as follows:

(i) Through the YE TI Store on Aliexpress.com, counterfeit versions of the

YETI Colster® Drink Holder and the YETI Rambler® 18 oz., 36 oz., and 64 oz. Bottles

(PX 1-4) were purchased (Ex. 72). Photos of the products purchased through the YE TI

Store on Aliexpress.com are shown in Exhibit 73.

37

The counterfeit label from the fake YETI Colster® Drink Holder product purchased

through the YE TI Store on Aliexpress.com is shown in Exhibit 74.

The products purchased through the YE TI Store on Aliexpress.com are marked as made

in China. (Ex. 75.)

38

(ii) Through the YE-TI Camo Cups Store on Aliexpress.com, counterfeit

versions of the YETI Rambler® 20 oz. and 30 oz. Tumblers (PX 5 and 6) were purchased

(Ex. 76). Photos of the products purchased through the YE-TI Camo Cups Store on

Aliexpress.com are shown in Exhibit 77. (The counterfeit YETI labels, shown further

below, had been folded and placed inside the mugs for shipment.)

The counterfeit labels from the fake YETI Rambler® Tumbler products purchased through

the YE-TI Camo Cups Store on Aliexpress.com are shown in Exhibits 78 (20 oz. tumbler)

l

1

.. :~.;:~:;TUI~;'·~; I/iii ~ - c'·· . . . . :!I - -- ... - - · · - · - - - ~

39

and 79 (30 oz. tumbler).

The products purchased through the YE-TI Camo Cups Store on Aliexpress.com are

marked as made in China. (Ex. 80.)

·.,, .. J.~ . 1: •. · :. '·· _____ .,.,...( -· . '

., .- .. :'

_] (iii) Through the SHOP2882199 Store on Aliexpress.com, counterfeit versions

of the YETI Colster® Drink Holder and the YETI Rambler® 20 oz. and 30 oz. Tumblers

(PX 7-9) were purchased (Ex. 20). Photos of the products purchased through the

SHOP2882199 Store on Aliexpress.com are shown in Exhibit 81.

40

The counterfeit labels from the fake YETI products purchased through the SHOP2882199

Store on Aliexpress.com are shown in Exhibits 82 (Colster® Drink Holder),

83 .(Rambler® 20 oz. Tumbler),

and 84 (Rambler® 30 oz. Tumbler).

------·-· -----··· ---·--------·----··-- ··--·--·-

The products purchased through the SHOP2882199 Store on Aliexpress.com are marked

as made in China. (Ex. 85.)

41

(iv) Through the Enjoying Life Top Store -Shenzhen Store on Aliexpress.com,

a counterfeit version of the YETI Rambler® 36 oz. Bottle (PX 10) was purchased (Ex. 86).

A photo of the product purchased through the Enjoying Life Top Store -Shenzhen Store on

Aliexpress.com is shown in Exhibit 87.

r .,~

The product purchased through the Enjoying Life Top Store -Shenzhen Store on

Aliexpress.com is marked as made in China. (Ex. 88.)

(v) Through the Hangz Canen Business Store on Aliexpress.com, a counterfeit

version of the YETI Rambler® 20 oz. Tumbler (PX 11) was purchased (Ex. 89). A photo

42

of the product purchased through the Hangz Canen Business Store on Aliexpress.com is

shown in Exhibit 90.

The counterfeit label from the fake YETI Rambler® Tumbler product purchased through

the Hangz Canen Business Store on Aliexpress.com is shown in Exhibit 91.

· 1411111m;;:111 YETISEll

I

' .· i ·· : ·~-~~

The product purchased through the Hangz Canen Business Store on Aliexpress.com is

marked as made in China. (Ex. 92.)

(vi) Through the Beautiful Homey Store on Aliexpress.com, two counterfeit

versions of the YETI Rambler® 30 oz. Tumbler (PX 12 and 13) were purchased (Ex. 26).

43

Photos of the products purchased through the Beautiful Homey Store on Aliexpress.com

are shown in Exhibit 93.

I

__ J The counterfeit labels from the two fake YETI Rambler® 30 oz. Tumbler products

purchased through the Beautiful Homey Store on Aliexpress.com are shown in Exhibit 94

FITS CO!h=OIUABLY . -· - IW YDUa -.-

~ ..a.c .• rt' £6 fll ·.'.

FITS CllFOITlllLY _ .. yan--. .__ ....

£6 Elf Elf

...,.. RDlllR

•imllUll llCU1f11ll _ .....

1111Tlll Ra!lllllS

IDSllllll --.................. -............................ _ ............... ~---............................ ---·---................. -==~::.. . ..... - .......... .

L ___ ;:;__:;~;~~-~~-~--~~~-~~-~~~-~--

44

........... ..............

YETI GEAR

··-·~·~ - - ~~~~·"., ... ,_.__

The products purchased through the Beautiful Homey Store on Aliexpress.com are marked


(vii) From Respondent Huizhou Dashu Trading Co., Ltd., through Alibaba.com,

two counterfeit versions of the YETI Colster® Drink Holder and counterfeit versions of

the YETI Rambler® 20 oz. and 30 oz. Tumblers (PX 14-17) were purchased. (Exs. 96-

98.) Photos of the products purchased from Respondent Huizhou Dashu Trading Co., Ltd.

on Alibaba.com are shown in Exhibit 99.

The counterfeit labels from the fake YETI Colster® Drink Holder products purchased from

Respondent Huizhou Dashu Trading Co., Ltd. on Alibaba.com are shown in Exhibits 100

45

and 101.

The counterfeit labels from the fake YETI Rambler® Tumbler products purchased from

Respondent Huizhou Dashu Trading Co., Ltd. on Alibaba.com are shown in Exhibits I 02

(20 oz. tumbler)

'L'!':!hi ''*"+ ,! I r.;-J <€> - t9 - ·- - .

and I 03 (30 oz. tumbler).

'YETl(ll

----------:9!!!1"'"'" ___ .. ..,_

The products purchased from Respondent Huizhou Dashu Trading Co., Ltd. on

Alibaba.com are marked as made in China. (Ex. 104.)

71 46

97. Products received from the DHGATE RESPONDENTS are as follows:

(i) From Respondent SZ Flowerfairy Technology Ltd., through DHgate.com,

a counterfeit version of the YETI Rambler® 20 oz. Tumbler (PX 18) was purchased.

(EX:. 32.) A photo of the product purchased from Respondent SZ Flowerfairy Technology

Ltd. is shown in Exhibit 105.

The counterfeit label from the fake YETI Rambler® 20 oz. Tumbler purchased through

Respondent SZ Flowerfairy Technology Ltd. is shown in Exhibit 106.

YETI GlAR

47

The product purchased through Respondent SZ Flowerfairy Technology Ltd. is marked as

made in China. (Ex. 107.)

(ii) From Respondent Tan Er Pa Technology Co., Ltd., through DHgate.com,

counterfeit versions of the YETI Colster® Drink Holder and YETI Rambler® 18 oz.,

36 oz., and 64 oz. Bottles (PX 19-22) were purchased. (Ex. 108.) Photos of the products

purchased from Respondent Tan Er Pa Technology Co., Ltd. are shown in Exhibit 109.

,,,.. '

· The counterfeit label from the fake YETI Colster® Drink Holder product purchased

through Respondent Tan Er Pa Technology Co., Ltd. is shown in Exhibit 110.

48

The products purchased through Respondent Tan Er Pa Technology Co., Ltd. are marked


(iii) From Respondent Shenzhen Great Electronic Technology Co., Ltd.,

through DHgate.com, counterfeit versions of YETI Rambler® 20 oz. and 30 oz. Tumblers

(PX 23 and 24) were purchased. (Ex. 112.) Photos of the products purchased from

Respondent Shenzhen Great Electronic Technology Co., Ltd. are shown in Exhibit 113.

49

The counterfeit labels from the fake YETI Rambler® 20 oz. and 30 oz. Tumblers purchased

through Respondent Shenzhen Great Electronic Technology Co., Ltd. are shown in

Exhibit 114

and Exhibit 115.

·-~ .. --~·----•: ... -

- .. -.. ~ ........... -·-._.,.-.......,. _ _.... ---··-...-··--

·--·-·-

----·--· ............ The products purchased through Respondent Shenzhen Great Electronic Technology Co.,

Ltd. are marked as made in China. (Ex. 116.)

(iv) From Respondent Huagong Trading Co., Ltd., through DHgate.com,

counterfeit versions of the YETI Colster® Drink Holder, YETI Rambler® 20 oz. and

50

30 oz. Tumblers, and YETI Rambler® 36 oz. Bottle (PX 25-28) were purchased.

(Ex. 117.) Photos of the products purchased from Respondent Shenzhen Great Electronic

Technology Co., Ltd. are shown in Exhibit 118.

The counterfeit labels from the fake YETI Colster® Drink Holder and YETI Rambler®

20 oz. and 30 oz. Tumblers purchased through Respondent Huagong Trading Co., Ltd. are

shown in Exhibit 119,

Exhibit 120,

·- ~Fl .. -- .r. _ _, ,. -...... .· '··. , I ·--- - ....... ~ ·~ _____ __..,...., ·----- ~. '~~!!1 ----~~=~..::.:=== ~ ..... ~ ~~

---..·---....---

51

and Exhibit 121.

...__ __ ....... _ -- .. --- .. __ The products purchased through Respondent Huagong Trading Co., Ltd .. are marked as


98. Products received from the BONANZA RESPONDENT are as follows:

(i) Through the ELLASVISION store on Bonanza.com, a counterfeit version

of the YETI Colster® Drink Holder (PX 29) was purchased (Ex. 123). A photo of the

52

product purchased through the ELLASVISION store on Bonanza.com is shown m

Exhibit 124.

The counterfeit label from the fake YETI Colster® Drink Holder product purchased

through the ELLASVISION store on Bonanza.com is shown in Exhibit 125.

The product purchased through the ELLASVISION store on Bonanza.com is marked as


(ii) Through the just_the_best store on Bonanza.com, counterfeit versions of

the YETI Rambler® 20 oz. and 30 oz. Tumblers (PX 30-32) were purchased (Exs. 53 and

127). Photos of the products purchased through the just_the_best store on Bonanza.com

are shown in Exhibit 128.

53

-.

.. .

-

The counterfeit labels from the fake YETI Rambler® 20 oz. and 30 oz. Tumbler products

purchased through the just_the_best store on Bonanza.com are shown in Exhibit 129

and Exhibit 130 (two labels, from PX 31and32, respectively).

fl ms COl&FOllABLT ·.- __ ........ . -9 .. .-.·..-. :cs ,.-fl fl g

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-------· ·-

54

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YETIG!AR

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Documents

ORIGINAL - ITC Law Blog · 2017. 10. 3. · original united states international trade commission washington, dc in the matter of certain insulated beverage . containers, components,