Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
DISTRICT OF OREGON
PORTLAN DIVISION
Plaintiff,
AMENDED VERIFIED COMPLAINT
v. FOR TRADEMARK INFRINGEMENT
AND COUNTERFEITING; UNFAIR
BESTCUPSHOP.COM; COMPETITION AND FALSE
BESTCUPSSALE.COM; BOMOSFIT.COM; DESIGNATIONS OF ORIGIN; AND
CAMOGYM.COM; CYBERPIRACY
CHEAPERBOTTLE.COM;
CHEAPHYDROFLASK.COM;
CHENJIAJIN D/B/A
HYDROFLASKEN.COM;
DEALHYDRO.COM;
FANACTICSCUP.COM; FENGZHU E-
COMMERCEHOLDINGS LLC;
PAGE 1 - AMENDED VERIFIED COMPLAINT FOR TRADEMARK INFRINGEMENT
AND COUNTERFEITING; UNFAIR COMPETITION AND FALSE
DESIGNATIONS OF ORIGIN; AND CYBERPIRACY
LANE POWELL PC
601 SW SECOND AVENUE, SUITE 2100
718674.0001/7361964.1 PORTLAND, OREGON 97204-3158
503.778.2100 FAX: 503.778.2200
Case 3:18-cv-01165-SI Document 18 Filed 07/09/18 Page 2 of 26
ONLINECUP.STORE;
SHOPHYDROFLASK.COM; SMARK
JOHN D/B/A/ BUYFLASKINFO.COM;
ZENGXIANGHUA D/B/A/ GKMSF.COM; d
ZONG ZHOU, and
HYDROSTOREUSA.COM, each an
Individual, Partnership, Business Entity or
Unincorporated Association,
Defendants.
Plaintiff Helen of Troy Limited files this Verified Complaint against the individuals,
1. This action is filed to combat online counterfeiters who are trading on the fame
and goodwill of the HYDRO FLASK mark by advertising, selling, and/or offering for sale
infringement and counterfeiting in violation of Section 32(1) of the Federal Lanham Act, 15 U.S.C.
§ 1114(1); unfair competition and false designations of origin in violation of Section 43(a) of the
Lanham Act, 15 U.S.C. § 1125(a); and cyberpiracy in violation of the Federal Anticybersquatting
Consumer Protection Act, 15 U.S.C. § 1125(d). Helen of Troy seek temporary, preliminary, and
permanent injunctive relief, as well as damages, statutory damages, disgorgement of profits, costs,
THE PARTIES
2. Helen of Troy Limited (“Helen of Troy”) is a corporation organized under the laws
of Barbados with its principal address at The Phoenix Centre George Street, Belleville St. Michael,
Barbados. Helen of Troy is the owner of the well-known HYDRO FLASK trademark which,
through licensed affiliates, Helen of Troy uses to identify vacuum insulated stainless steel water
bottles and other high quality insulated products sold to consumers throughout the United States.
commercial websites designed to look like official Hydro Flask websites, advertise, offer for sale,
and sell counterfeit HYDRO FLASK products to consumers throughout the United States,
including in Oregon. Upon information and belief, each of the counterfeiters are located in China,
and all but one operate their websites at domain names registered through fictitious names and
addresses or privacy services that hide their identities. Most of the defendants are therefore
identifiable only by the domain names through which they do business. Certain company or
business entity names have been provided to consumers in communications or shipping documents
regarding counterfeit product, or appear in notices Helen of Troy has received from U.S. Customs
and Border Protection as the exporters of counterfeit product shipped to the United States. These
companies are also named as Defendants. None of the Defendants have registered to do business
in this State.
4. This Court has jurisdiction over the subject matter of this action pursuant to 15
U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1337, and 1338 because this action arises under the Federal
5. Defendants are subject to personal jurisdiction in this Court because each of the
Defendants advertise, offer for sale, and/or sell counterfeit HYDRO FLASK products, including
through fully interactive commercial websites designed to appear to be Plaintiff’s Hydro Flask
website, to consumers located throughout the United States, including Oregon, where at least two
infringing sales have taken place. Each of the Defendants is thus committing tortious acts in
Oregon and has wrongfully caused Helen of Troy substantial injury in the State.
6. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because Defendants are,
upon information and belief, aliens engaged in infringing activities and causing harm to Helen of
Troy and consumers in this judicial district by advertising, offering to sell, and/or selling
FACTUAL BACKGROUND
company formed under the laws of Bermuda that, through affiliates, sells products worldwide
through a diversified portfolio of well recognized and widely trusted brands, including OXO®,
8. In 2016, HOT, through an affiliate, acquired Steel Technology, LLC d/b/a Hydro
Flask, a company based in Bend, Oregon that, in 2009, introduced the first all-insulated bottle line-
of Troy; nevertheless, Steel Technology continues to be the marketer and distributor of HYDRO
FLASK-branded products to consumers in North America, and the headquarters for the Hydro
Flask business continues to be located in Bend, Oregon. (The actions of all HOT entities involved
in the ownership, licensing, manufacture, marketing, and sale of HYDRO FLASK products are
referred to hereinafter collectively as the actions of Helen of Troy unless otherwise indicated.)
10. The Hydro Flask line-up includes more than 100 products in four different
categories: hydration, coffee, beer, and food. Every Hydro Flask bottle features TempShield™
double wall vacuum insulation to keep beverages at the desired temperature, 18/8 prograde
stainless steel to ensure pure taste, and durable powder coating to make the bottles easy to grip.
Hydro Flask bottles are BPA-free, recyclable, and backed by a lifetime warranty. True and correct
11. Because of their high quality and durability, Hydro Flask products have developed
a loyal following among consumers throughout the United States and substantial, favorable
12. Helen of Troy has generated significant sales of its products nationwide, including
in this judicial district. Hydro Flask is the number one American water bottle brand in Sporting
13. Hydro Flask products have garnered numerous awards and industry recognitions
over the years. In 2017 alone, Hydro Flask products were awarded the Best Tumbler award by
Wirecutter magazine (a New York Times publication); Best Water Bottles by Outdoor Gear Lab;
Gear of the Show – Soft Cooler Backpack by Outdoor magazine; Editor’s Choice: Spring Gear
Guide – Tumbler by Backpacker magazine; GOOD DESIGN awards for the Hydro Flask Growler
and Flex Cap from the Chicago Athenaeum Museum of Architecture and Design and Metropolitan Arts Press
Ltd.; and Gear of the Year by Men’s Journal for Hydro Flask’s My Hydro program, a service
whereby consumers can mix and match different bottles and caps.
14. Helen of Troy promotes and sells its products through a heavily trafficked Internet
website located at the domain name <hydroflask.com>. A true and correct copy of the home page
15. Additionally, Helen of Troy sells its products through numerous, well-known
online and offline retailers, including REI, Whole Foods Market, The Container Store, Nordstrom,
16. Helen of Troy, on its own and through its predecessors in interest, has continuously
and exclusively used the HYDRO FLASK mark in interstate commerce since at least as early as
2009.
17. Since at least as early as 2009, Helen of Troy has also continuously and exclusively
used the distinctive design mark shown below (the “Hydro Flask Design”) in interstate commerce
to identify the many HYDRO FLASK-branded products (collectively with the HYDRO FLASK
18. The Hydro Flask Design appears prominently on all Hydro Flask products and in
19. Through substantial advertising, promotion, and use, the Hydro Flask Marks serve
to identify products that originate from Helen of Troy alone, and the Hydro Flask Marks are assets
of significant value to Helen of Troy as symbols of Helen of Troy’s substantial consumer goodwill.
20. In recognition of Helen of Troy’s exclusive right to use the HYDRO FLASK Marks
in commerce in the United States, the U.S. Patent and Trademark Office has issued Helen of Troy
numerous registrations for the HYDRO FLASK Marks, including the following registrations:
HYDRO FLASK 5,302,353 Class 18- All-purpose carrying bags; Shoulder bags; Sling
bags; Travel bags
10/3/2017
5,176,888 Class 6- Metal bottle caps; metal lids; metal lids for flasks,
metal lids for drinking flasks, metal lids for bottles sold empty,
4/4/2017 metal lids for flasks for food, metal lids for growlers, and
metal lids for insulated, vacuum, and insulated vacuum flasks,
metal lids for drinking flasks, metal lids for bottles sold empty,
metal lids for flasks for food and growlers
Class 20- Non-metal bottle caps; plastic lids; plastic lids for
flasks, plastic lids for drinking flasks, plastic lids for bottles
sold empty, plastic lids for flasks for food, plastic lids for
growlers, plastic lids for insulated, vacuum, and insulated
vacuum flasks, plastic lids for drinking flasks, plastic lids for
bottles sold empty, plastic lids for flasks for food and growlers
Class 21- Flasks, drinking flasks, bottles sold empty, flasks for
food, and growlers; insulated, vacuum, and insulated vacuum
flasks; insulated, vacuum, and insulated vacuum drinking
flasks; insulated, vacuum, and insulated vacuum bottles sold
empty; insulated, vacuum, and insulated vacuum flasks for
food; insulated, vacuum, and insulated vacuum growlers;
reusable stainless steel flasks, drinking flasks, bottles sold
empty, flasks for food, and growlers; insulated containers for
food or beverages for domestic use, namely, flasks for food;
thermal insulated bottles, flasks, growlers and flasks for food;
flasks for food; [redacted to shorten product list].
Class 35- Online retail store services and retail store services
featuring metal bottle caps, metal lids, metal lids for flasks,
drinking flasks, bottles sold empty, food flasks, and for
insulated, vacuum, and insulated vacuum flasks, drinking
flasks, bottles sold empty, food flasks and growlers; stainless
steel beer and pint drinking glasses; and thermal insulated beer
and pint drinking glasses; [redacted to shorted recitation].
21. True and correct copies of the registration certificates for the registrations set forth
22. The registrations set forth above are valid and subsisting in law, were duly and
legally issued, are prima facie evidence of the validity of the marks registered, and constitute
constructive notice of Helen of Troy’s ownership of these marks in accordance with Sections 7(b)
the Trademark Act of 1946 (15 U.S.C. § 1065) and, pursuant to Section 33(b) of the Act (15 U.S.C.
§ 1115(b)), constitutes conclusive evidence of Helen of Troy’s exclusive right to use the mark
24. By virtue of Helen of Troy’s exclusive use of the HYDRO FLASK Marks in
interstate commerce, Helen of Troy is the exclusive owner of all right, title, and interest in and to
25. Defendants are each engaged in the advertising, offering for sale, and/or sale of
26. Helen of Troy has identified most of the Defendants through their operation of
Internet websites that are designed to look like an official Hydro Flask website or the website of
an authorized or approved Hydro Flask retailer or distributer (the “Infringing Websites”). Helen
of Troy has identified other Defendants through information U.S. Customs and Border Protection
has provided to Helen of Troy after seizure of suspected counterfeit goods. Each set of Defendants
27. Through reports from numerous consumers and its own investigations, Helen of
Troy has identified numerous Defendants that are promoting and/or selling counterfeit HYDRO
FLASK-branded products through websites located at 65 different domain names (the “Defendant
Domain Names”). A chart identifying each of the Defendants is attached as Exhibit 4. Included
in the chart is the street and email addresses for each Defendant derived from domain name
registration records, Defendant websites, consumer communications, and/or U.S. Customs and
Border Protection documents. Some of the Defendant Domain Names are registered through
privacy services so that the names and addresses of the Defendants are not identifiable, but the
Defendant owners of these domain names can be contacted through the privacy service or email
addresses the privacy services have established for the domain names.
28. With only one exception, all of the Defendants appear to have registered their
domain names under fictitious names or through privacy services to hide their true identities. The
one exception is an individual in China named Guo Tang who has registered and is using the
29. With the exception of Tang, all of the Defendant Domain Name owners have also
either provided false postal address information in their domain name registration records or have
registered their domain names through privacy services that hide their locations.
30. For each domain name, the chart attached as Exhibit 4 summarizes why each
registrant name and address information provided in the Defendant Domain Name registration
records is false, and true and correct print-outs of webpages showing that the addresses are false
31. Although the Defendants have hidden their true identities and locations, all of the
email addresses the Defendants have listed for themselves in their domain name registrations
appear to be valid because Helen of Troy’s counsel at Alston & Bird LLP has sent cease-and-desist
letters to each of the addresses, and none of the emails have bounced back as undeliverable.
32. Upon information and belief, Defendants need to include valid email addresses in
their domain name registrations to receive critical email communications from their registrars
regarding domain name registration and renewal issues. Defendants also need these email
addresses to be valid so that unsuspecting consumers can communicate with them. All of the
Defendants can therefore be validly served through the email addresses identified in Exhibits 4
and 5 hereto.
33. Helen of Troy has no association or affiliation of any kind with any of these
Defendants, their domain names, websites, or businesses, and Helen of Troy has never authorized
any of the Defendants to use any of the HYDRO FLASK Marks or sell any Hydro Flask products.
34. Forty-six of the Defendant Domain Names consist in whole or in part of the
HYDRO FLASK mark, misspellings of the mark, or the initials of the HYDRO FLASK mark
35. All of the websites at the Defendant Domain Names (the “Infringing Websites”)
are designed to appear to be an official Hydro Flask website, and all make prominent use of the
HYDRO FLASK mark. Most of the websites use the same images, layout, and color schemes as
Hydro Flask’s website in an effort to pass their websites off as closely as possible as the official
Hydro Flask website. Comparison examples of portions of the Hydro Flask website and an
infringing site formerly located at the domain name <flask-hydro-flask.com> are set forth below:
<flask-hydro-flask.com> Website
36. True and correct copies of the WHOIS registration information for each of the
Defendant Domain Names, together with true and correct printouts of the home pages of the
Infringing Websites located at each domain name, are attached as collective Exhibit 5. A few of
the Defendants discontinued use of their domain names before Helen of Troy and its counsel were
able to save screen shots of the websites formerly operated at the domain names, but all of the
Defendant Domain Names have been used within the past three months to promote and sell
37. The Defendant Domain Names identified below redirect (or formerly redirected) to
Infringing Websites located at other Defendant Domain Names; accordingly, the content at these
38. Helen of Troy has succeeded in getting registrars for a few of the Defendant
Domain Names to deactivate the names. However, most of the registrars have refused to take any
action in response to clear evidence from Hydro Flask of the infringing nature of the domain names
and websites being operated at the names. (Defendant Domain Names that are no longer in active
39. Many of the Defendants are driving traffic to their Infringing Websites through
Facebook and other social media advertisements that are designed to appear as if they originate
from Hydro Flask or an authorized Hydro Flask retailer. An example of once such post from the
40. True and correct copies of social media advertisements Defendants have published
are included in Exhibit 5 with the Defendant Domain Name to which they relate.
41. Numerous consumers have been misled by Defendants and their Infringing
Websites and social media posts into believing that the Defendants are Helen of Troy or an
authorized retailer or distributor of Hydro Flasks products, and many of these individuals have
purchased products from Defendants’ websites in the mistaken belief that they were buying
genuine Hydro Flask products. These consumers have been sadly disappointed to receive poor-
quality counterfeits. True and correct copies of communications and Internet posts from a number
42. One consumer, Katrina Boswell of Bend, Oregon, placed on order on April 11,
2018 through the website <HydroFlaskTumblers.com> for what she believed to be three genuine
HYDRO FLASK products (a 10 oz. wine tumbler and lid and a 32 oz. wide mouth tumbler) and
address of 3337 Crossfield, Duluth, California 30096. This is a patently bogus address as there is
44. Upon information and belief, Li ChaoQun (“Li”) is actually located in China. The
PayPal receipt Ms. Boswell received for her order (a true and correct copy of which is included in
Exhibit 7) lists the merchant as “Fengzhu E-Commerce Holdings LLC” and states that her order
would be sent by China Post. Furthermore, all of the emails Li sent Ms. Boswell regarding her
order include Chinese characters. (See true and correct copies of email communications included
in Exhibit 7).
45. By May 4, 2018 when Ms. Boswell had not yet received her order, she sent an email
to <hydroflaskshop@outlook.com> (the email address in the PayPal notice she received) inquiring
about the status. She received a response the next day from an individual named “Jimmy,” who
46. Upon information and belief, “Jimmy” is Li ChaoQun (who also appears to go by
the pseudonym “Jimmy Li”), the registrant of a number of other Infringing Domain Names. Helen
of Troy has been unable to locate an accurate street address for Li in China or elsewhere, and Helen
of Troy has also been unable to locate any information about a company named “Fengzhu E-
Commerce Holdings LLC,” including its place of business or the nature of its business.
47. On May 10, 2018, Ms. Boswell received a refund notice from PayPal that a
company named “Lifeida Electronic Bussiness Co,.Ltd” with the same email address as Fengzhu
would appear on her credit card statement as being from “PAYPAL *FENGZHUECOM.” True
48. Ms. Boswell eventually received the products she ordered, but both are counterfeit.
True and correct images of the products she received are included in Exhibit 7. The products can
be identified as counterfeit in a number of ways, but one of the easiest ways is the stamp on the
bottom of the bottles. An image of the stamp on the bottom of a genuine Hydro Flask product is
shown below on the left, and the stamp on the bottom of the counterfeit bottle Ms. Boswell
received is on the right. The counterfeiter did not include the “Made in China” designation that
appears on the bottom of all genuine Hydro Flask products and instead added the statement
“Designed in Bend, OR” in a clear attempt to pass the product off as genuine.
49. When Ms. Boswell notified Li by email that what she received was counterfeit, he
refused to provide her with a complete refund. True and correct copies of this correspondence are
included in Exhibit 7.
Flask that she ordered a 32 oz. bottle and a child’s cup through <camogym.com> because of an ad
she saw on Facebook for the website, which she believed to be selling genuine Hydro Flask
products based on the website content. Instead, she received counterfeits that bear the HYDRO
FLASK Marks and, like the product Ms. Boswell received, include the stamp “Designed in Bend,
OR” on the bottom. Ms. Hughes could tell that the products were counterfeits because they “reek
like plastic.” True and correct copies of the communication and shipping document Ms. Hughes
51. The <camogym.com> domain name is registered through a privacy service, so the
identity of the registrant is unknown. However, because the bottle Ms. Hughes received bears the
same stamp on the bottom as the product Ms. Boswell received, it is likely that Li or another person
Troy that she ordered a Hydro Flask bottle through the Infringing Domain Name
<hydroflaskstore.com>. True and correct copies of documents related to Ms. Henshaw’s order are
record as “Karolin Schultz” with an address of “Ansbacher Strasse 32, Dahnen Germany 54689.”
(See domain name WHOIS record included in Exhibit 5.) This is a false address, as shown by the
53. Upon information and belief, “Karolin Schultz” is a pseudonym for an unknown
individual who actually resides in China. The email address listed in the domain name registration
shipping receipt Ms. Henshaw received with her order listed the shipper as “zong zhou” with an
address of “Unit A, 27th Floor, China, Resources Times Plaza, 500, Zyhangyang Road, Pudong.”
54. Helen of Troy has been unable to find any information about a company named
“zong zhou” at this address in China; accordingly, this company name also appears to be fictitious.
55. The product Ms. Henshaw received is a counterfeit, as identified by the stamp
“Designed in Bend, OR” on the bottle bottom. True and correct images of the infringing product
Ms. Henshaw received, pictured side-by-side with a genuine Hydro Flask product, are included in
Exhibit 9.
registered in the names of individuals who purportedly reside in Germany. (See Exhibit 4). Upon
information and belief, all of these individual names are fictitious, and all of the addresses are
false. (See information contained in Exhibit 5). Upon further information and belief, all of these
domain names are registered to individuals in China who are attempting to hide their true identities
and locations.
order through the website located at the domain name <hydroflasktumblers.com> on May 1, 2018
for a 20 oz. coffee Hydro Flask bottle and a 32 oz. wide mouth Hydro Flask bottle. True and
correct copies of documents related to his purchase are attached as Exhibit 10. The registrant of
58. Mr. Williams paid for the order through PayPal, and the PayPal receipt he received
(a true and correct copy of which is included in Exhibit 10) lists the merchant as “Fengzhu E-
Commerce Holdings LLC” with a telephone number of +86 13015970562. “86” is the telephone
country code for China. This information further confirms that Li is in China.
59. The products Mr. Williams received are clear counterfeits and are of inferior
materials and production quality to genuine Hydro Flask products. The products bear the HYDRO
FLASK Marks and, like the products Ms. Hughes received, bear a “Designed in Bend, OR” stamp
on the bottom. True and correct images of the counterfeit 20 oz. bottle Mr. Williams received are
60. The materials used in the counterfeit products the foregoing individuals received
are unknown, but if they contain BPA or other substances that the FDA has determined to be
harmful, the products could cause bodily harm to consumers who use them.
61. Because of the poor quality of the products, consumers who buy the products but
do not recognize them as counterfeits are likely to be disappointed by the quality of the products
and attribute the poor quality and performance of the products to Helen of Troy, thereby
denigrating and tarnishing the substantial goodwill Helen of Troy has labored to build in their
62. As long as Defendants continue to promote and sell their counterfeit products,
Helen of Troy will lose its ability to control the goodwill of its HYDRO FLASK Marks.
B. Customs Seizures
63. U.S. Customs and Border Protection (“CBP”) has notified Helen of Troy of the
detention of several shipments of counterfeit Hydro Flask products, including the two discussed
below.
64. On May 9, 2018, the Albany, New York office of the CBP notified Helen of Troy
that it had detained a suspected shipment of counterfeit HYDRO FLASK bottles that were shipped
Zhang Xia of Guilderland, New York. True and correct copies of the TMK letter of seizure CBP
65. Helen of Troy has confirmed that the bottles that Nanchang sent are counterfeits.
66. Helen of Troy has no business association of any kind with either Nanchang or Xia,
nor has Helen of Troy ever authorized or licensed either Nanchang or Xia to use the HYDRO
67. On May 8, 2018, the Hawaii office of the CBP notified Helen of Troy that it had
detained a shipment of suspected counterfeit HYDRO FLASK bottles shipped by Zong Zhou of
Pudong, China to Charles Bowen of Kapolei, Hawaii. True and correct copies of the CBP email
to Helen of Troy regarding the shipment, the TMK letter the CBP sent to Helen of Troy on May
10, and images of the seized products are attached as collective Exhibit 12.
68. Helen of Troy has confirmed that the Zong Zhou products CBP seized are
counterfeit.
69. Helen of Troy contacted Mr. Bowen regarding the shipment, and he stated that he
bought the products through the website located at the domain name <hydrooflask.com> believing
the products were genuine. The <hydrooflask.com> domain name is registered through a privacy
service, so the identity of the registrant is hidden. Nevertheless, because the product was shipped
by Zong Zhou, the same shipper that shipped counterfeit product to Lindy Henshaw that she
ordered through the website at the <hydroflaskstore.com> domain name owned by Li, Li is almost
certainly the registrant of <hydrooflask.com> as well and responsible for the shipment.
70. As noted above, Helen of Troy has no business association of any kind with Zong
Zhou, and Helen of Troy has never authorized or licensed Zong Zhou or Li ChaoQun to use the
COUNT I
72. The HYDRO FLASK Marks serve to identify to the public goods that are offered
by Helen of Troy alone, and the marks serve as symbols of the substantial goodwill Helen of Troy
73. Defendants are using counterfeit copies of Helen of Troy’s federally registered
HYDRO FLASK Marks in interstate commerce without Helen of Troy’s authorization or consent
in connection with the sale and offering for sale of goods in a manner that is likely to cause
confusion, mistake, or deception as to whether the goods originate from Helen of Troy and/or as
to whether the Defendants or their goods are sponsored or endorsed by, or associated or affiliated
74. Upon information and belief, Defendants have knowledge of Helen of Troy and
their trademark rights and are intentionally using counterfeits of the HYDRO FLASK Marks in an
effort to pass themselves off as being Helen of Troy or as one of Helen of Troy’s authorized
75. Defendants’ conduct constitutes knowing and willful trademark infringement and
76. Helen of Troy has no adequate remedy at law, and if Defendants’ actions are not
enjoined, Helen of Troy will continue to suffer irreparable harm to their reputation and the
77. Defendants’ conduct has further caused actual damage to Helen of Troy and has
enabled Defendants to earn profits to which they are not in law, equity, or good conscience entitled.
COUNT II
Federal False Designations of Origin & Unfair Competition (15 U.S.C. § 1125(a))
79. Defendants are knowingly using counterfeit imitations of the HYDRO FLASK
Marks without authorization or consent from Helen of Troy in interstate commerce in connection
with the sale, offering for sale, distribution, and advertising of goods in a manner that is likely to
cause consumer confusion, mistake, or deception as to the true source of the goods and as to
whether Defendants are associated or affiliated with, or sponsored or endorsed by, Helen of Troy.
80. Defendants’ conduct constitutes false designations of origin and unfair competition
81. Defendants’ conduct also constitutes an intentional, willful, and malicious attempt
to trade on the goodwill Helen of Troy has developed in the HYDRO FLASK Marks to the damage
of Helen of Troy, and is a knowing and willful violation of Helen of Troy’s rights under 15 U.S.C.
§ 1125(a).
82. As a direct and proximate result of Defendants’ conduct, Helen of Troy has suffered
actual and irreparable harm to its reputation and goodwill for which no adequate remedy exists at
law. Defendants’ conduct will continue to cause such injury unless and until enjoined by this
Court.
83. Defendants’ conduct has further enabled them to earn profits to which they are not
in law, equity, or good conscience entitled, and has unjustly enriched Defendants, all to
COUNT III
85. Upon information and belief, the Defendant registrants of the Infringing Domain
Names (the “Domain Name Defendants”) registered the Infringing Domain Names with full
knowledge of Helen of Troy and its exclusive ownership of the HYDRO FLASK Marks and with
full knowledge that the Domain Name Defendants had no legal right to register, own, or use the
86. The Domain Name Defendants have intentionally used the Infringing Domain
Names to mislead the public into believing that they are actually Helen of Troy, or that they are
associated or affiliated with, or sponsored or endorsed by, Helen of Troy, and the registration and
use of the Infringing Domain Names has caused actual confusion or mistake by consumers, who
have mistakenly purchased products through the sites believing that they were purchasing genuine
87. Through their actions, Defendants have registered, trafficked in, and used domain
names that are identical or confusingly similar to Helen of Troy’s federally registered HYDRO
FLASK mark with the bad faith intent of profiting from the mark.
88. Helen of Troy’s mark was distinctive at the time each of the Infringing Domain
violation of Section 43(d) of the Trademark Act of 1946 (15 U.S.C. § 1125(d)).
90. The Domain Name Defendants’ conduct has caused and, unless enjoined, will
continue to cause irreparable injury to Helen of Troy and to the goodwill associated with its
1. The Court enter judgment that the HYDRO FLASK Marks are valid and
enforceable, that Helen of Troy owns the marks, and that Defendants have infringed the marks and
engaged in the sale of counterfeit products in violation of 15 U.S.C. § 1114; that Defendants have
used false designations of origin and engaged in unfair competition in their advertising, promotion
and sale of HYDRO FLASK-branded products in violation of 15 U.S.C. § 1125(a); and that the
Domain Name Defendants have engaged in acts of cyberpiracy in violation of 15 U.S.C. § 1125(d);
representatives, and all persons acting for, with, by, through, under, or in active concert with them,
(a) using the HYDRO FLASK Marks or any reproductions, counterfeit copies,
or colorable imitations thereof in any manner in connection with the distribution, marketing,
advertising, offering for sale, or sale of any product that is not a genuine HYDRO FLASK product
or is not authorized by Helen of Troy to be sold in connection with the HYDRO FLASK Marks;
(b) passing off, inducing, or enabling others to sell or pass off any product as a
genuine HYDRO FLASK product or any other product produced by Helen of Troy that is not
Helen of Troy’s or not produced under the authorization, control, or supervision of Helen of Troy
and approved by Helen of Troy for sale under the HYDRO FLASK Marks;
storing, distributing, returning, or otherwise disposing of, in any manner, products or inventory not
manufactured by or for Helen of Troy, nor authorized by Helen of Troy to be sold or offered for
sale, and which bear any of the HYDRO FLASK Marks or any reproductions, counterfeit copies,
(d) using, linking to, transferring, selling, or owning the Defendant Domain
Names, or any other domain name or online marketplace account that is or has been used to sell
or is the means by which Defendants could continue to advertise, promote, or sell counterfeit
(e) registering, seeking to register, or using any other domain names that
incorporate the HYDRO FLASK mark or any confusingly similar variations or misspellings thereof;
(f) operating and/or hosting websites at the Defendant Domain Names and any
other domain names registered or controlled by Defendants that Defendants have used in connection
with the distribution, marketing, advertising, offering for sale, or sale of any product bearing any of the
HYDRO FLASK Marks or any reproduction, counterfeit copy, or colorable imitation thereof that is
not a genuine HYDRO FLASK product or not authorized by Helen of Troy to be sold in connection
3. The Defendants, within fourteen (14) days after service of judgment upon them, be
ordered to file with the Court and serve upon Helen of Troy a written report under oath setting forth in
detail the manner and form in which Defendants have complied with the requirements of Paragraph 2
above;
4. The Court enter an Order that requires the registrars and/or registries to transfer each
5. The Court enter an Order that, upon Helen of Troy’s request, those in privity with
Defendants and those with notice of the injunction, including any social media platforms,
Facebook, Twitter, Instagram, Internet search engines such as Google, Bing and Yahoo, Internet
Service Providers for the Defendant Domain Names, email service providers for the Defendants,
(a) disable and cease providing services for any accounts through which
Defendants engage in the advertising, promotion, or sale of counterfeit HYDRO FLASK products
(b) disable and cease displaying any advertisements used by or associated with
Defendants in connection with the advertising, promotion, or sale of counterfeit HYDRO FLASK
(c) take all steps necessary to prevent links to the Defendant Domain Names
from displaying in search results, including, but not limited to, removing links to the Defendant
6. Any PayPal or other financial accounts owned or used by any of the Defendants be
disabled and any funds in the accounts deposited into the registry of the Court;
7. The Defendants be ordered to account for and pay to Helen of Troy all profits
realized by Defendants and all damages suffered by Helen of Troy by reason of Defendants’
unlawful acts alleged herein, with the amount of such damages to be increased by a sum not
damages in the amount of $2,000,000 per HYDRO FLASK mark used by the Defendant pursuant
to 15 U.S.C. § 1117(c)(2);
pay to Helen of Troy statutory damages in the amount of $100,000 per domain name pursuant to
15 U.S.C. § 1117(d);
10. Helen of Troy be awarded recovery of its costs and reasonably attorneys’ fees
11. Helen of Troy be granted such other, different, and additional relief as the Court
LANE POWELL PC
By s/Kelsey M. Benedick
Kenneth R. Davis II, OSB No. 971132
Kelsey M. Benedick, OSB No. 173038
Telephone: 503.778.2100
Facsimile: 503.778.2200