Yeti Cups – And the Legal Issues of Knockoffs

I just got a cease and desist letter from YETI. They're also demanding all profits and sources of their counterfeits. I stopped selling YETI branded cups four months ago because I believed them to be counterdiet. Now I have to do a legal battle with a giant four months after the fact. Spoiler, the counterfeits came from their own factory in Shenzen.

Funny, everyone complains about Yeti prices and says "If Walmart can do it for $10 per cup them why not Yeti!". But people forget, or fail to understand,that Yeti did the research and development and manufactured and tested a wide variety of cups before they found their final design, research patents to make sure they weren't stealing the design and intellectual property of others, filed patents to protect their products,researched manufactures that could recreate their products on a high production volume with high precision, determined how to ship bulk quantities of their product to wharehouses they owned or rented, repackaged for delivery to stores and individuals, marketed their product via television, radio, the internet, public displays at a wide variety of events and organizations, paid salaries/benefits to staff, developed a market for their products, equipment and infrastructure, and the list goes on and on. Bringing a new quality product to market, getting the public interested, building brand loyalty, etc. all costs money. Lots of money, time, and energy. And that's why the majority of new products fail. Others like RTIC come in, and also Walmart, and avoid all the costs involved with creating a novel product and instead steal the design. And that's why a RTIC and Walmart can sell a Yeti type cup for $10. And that's why RTIC settled patent infringement lawsuit and has to now design their own products and pay a fine to Yeti. Sadly people don't understand that buildings business costs money.

I think the real issue for Yeti is that many of the "knockoffs" on sites such as Amazon are actually counterfeit. They're using Yetis name, labels, logos, actually copying the cups outright. I own a legit one, and a fake, and theyre so close in appearance that you'd never know, until you use it. The fakes arent crap by any means, but definitely inferior, and if the crafter sells it as a legit Yeti, after adding their designs, they are also part of the copyright infringement.

http://www.wcpo.com/money/consumer/dont-waste-your-money/39-yeti-tumbler-vs-9-copycat-any-difference Called a tie, but Walmarts cup really won by a few ice flakes.

I would like to add that the "knock off" cups that Walmart is selling are more than knock offs. They work just as well IF NOT BETTER than a Yeti. They are equal in quality and function to the Yeti for a FRACTION of the cost. That is what scares Yeti. But what Yeti fails to realize is that people who want a Yeti and the "status" of a Yeti will still buy them. This is an affordable alternative for people who would otherwise NEVER buy a Yeti. Being overpriced like Yeti is, they automatically limit their own sales potential.