Federal Anti-Cybersquatting, Federal False Designation of Origin, Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, Michael H. Simon
The Plaintiff in this trademark lawsuit, Helen of Troy Limited, is the owner of the immensely popular HYDRO FLASK trademark, used in connection with vacuum insulated stainless steel water bottles and other insulated products. Helen of Troy’s affiliate Steel Technology, LLC d/b/a Hydro Flask, an Oregon limited liability company with headquarters in Bend, Oregon, founded the HYDRO FLASK brand and product line in 2009 and today is the North American marketer and distributor of HYDRO FLASK-branded products. What Pacific Northwesterner doesn’t own at least one Hydro Flask for their weekend hiking (or brewery-visiting) adventures?
Numerous defendants, some perhaps related, are accused of selling counterfeit Hydro Flask products via counterfeit websites. Given the evidence presented in the voluminous Complaint and Exhibits (see below), the counterfeiting seems fairly apparent. The Plaintiff has filed a subsequent Motion for Temporary Restraining Order and Preliminary Injunction, likely the best way to deal with multiple infringing (and non-responsive) websites.
If the counterfeiting wasn’t obvious and there was any question whether the Defendants were fighting an uphill battle, the Plaintiff’s lead attorney, Mrs. Benedick, previously served as a Judicial Extern for the presiding judge, Michael Simon.
The Complaint’s Exhibit List is extensive and voluminous, with Exhibit 5 perhaps taking the record for the largest ever Exhibit logged by this blog, at a gargantuan 633 “never mind the PACER charges” pages.
This lawsuit will likely be a one-sided battle, with excellent high-value legal work on behalf of the Plaintiff and probably no response from the Defendants. However, if the end result is numerous injunctions and a (brief) stop to Hydro Flask counterfeiting, Plaintiff can be satisfied, at least for awhile.
Stay tuned for updates.
Helen of Troy Limited v. Bestcupshop.com et al
Court Case Number: 3:18-cv-01165-SI
File Date: Friday, June 29, 2018
Plaintiff: Helen of Troy Limited
Plaintiff Counsel: Kenneth R. Davis II, Kelsey M. Benedick of Lane Powell PC, David J. Stewart, Mary Grace Gallagher of Alston & Bird LLP
Defendant: BESTCUPSHOP.COM, BESTCUPSSALE.COM; BOMOSFIT.COM; CAMOGYM.COM; CHEAPERBOTTLE.COM; CHEAPHYDROFLASK.COM; CHENJIAJIN D/B/A HYDROFLASKEN.COM; DEALHYDRO.COM; FANACTICSCUP.COM; FENGZHU E- COMMERCEHOLDINGS LLC; GUO TANG D/B/A HYDROFLASKOUTLET.COM; HFTUMBLERS.COM; HOU SU PING D/B/A EFOAQ.COM; HUA SHUNG HU D/B/A FINYP.COM; HYDROASK.COM; HYDROEFLASK.COM; HYDROFLASKC.COM; HYDROFLASKCUP.COM; HYDROFLASKCUPS.COM; HYDROFLASKDEAL.COM; HYDROFLASKDEALS.COM; HYDROFLASKI.COM; HYDROFLASKOFFICIAL.COM; HYDROFLASKSALE.COM; HYDROFLASKSALES.COM; HYDROFLASKSELL.COM; HYDROFLASKSHOPUS.COM; HYDROFLASKSTORE.COM; HYDROFLASKTUMBLER.COM; HYDROFLASKUS.COM; HYDROFLSAK.COM; HYDROOFLASK.COM; HYDROSFLASK.COM; IEKASHOP.COM; CUPSDEAL.COM; JIMMY LI (D/B/A CUPSTOREONLINE.COM, FLASKHYDRO.COM, FLASK- HYDRO.COM, FLASK-HYDRO- FLASK.COM, HYDROCUPFLASK.COM, HYDROFLASK-BOTTLES.COM, HYDRO- FLASK-BOTTLES.COM, HYDROFLASKBOTTLES.STORE, HYDROFLASK-CUP.COM, HYDROFLASKHYDRATION.COM, HYDROFLASK-OFFICIAL.COM, HYDROFLASKOFFICIALSTORE.COM); JINKUN CHEN D/B/A JACKETGOOSE.COM; KEAOUTLET.COM; LI CHAOQUN (D/B/A HYDROFLASK.BIZ, HYDROFLASKCHEAP.COM, HYDROFLASKCOFFEE.COM. HYDRO- FLASK-CUP.COM, HYDROFLASKFORSALE.COM, HYDRO- FLASK-SHOP.COM, HYDRO-FLASK- STORE.COM, HYDROFLASKTUMBLERS.COM, XHYDROFLASK.COM); LIFEIDA ELECTRONIC BUSSINESS CO., LTD; MEILIAN LLC; MIERFITNESS.COM; NANCHANG LANJUNDE INDUSTRIA CO.; OFFICIALCUPSTORE.COM; OFFICIALHYDROFLASK.COM
Causes: Trademark Infringement, Counterfeiting, False Designation of Origin, Federal Unfair Competition, Violation of the Anticybersquatting Consumer Protection Act
Court: District of Oregon
Judge: Michael H. Simon
Motion for Temporary Restraining Order and Preliminary Injunction: