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Case 3:18-cv-01165-SI Document 18 Filed 07/09/18 Page 1 of 26

Kenneth R. Davis II, OSB No. 971132
davisk@lanepowell.com
Kelsey M. Benedick, OSB No. 173038
benedickk@lanepowell.com
LANE POWELL PC
601 SW Second Avenue, Suite 2100
Portland, Oregon 97204-3158
Telephone: 503.778.2100
Facsimile: 503.778.2200

David J. Stewart, pro hac vice
David.Stewart@alston.com
Mary Grace Gallagher, pro hac vice
MaryGrace.gallagher@alston.com
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street, Suite 4900
Atlanta, GA 30309-3424
Telephone: 404.881.7000
Facsimile: 404.881.7777

Attorneys for Plaintiff Helen of Troy Limited

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAN DIVISION

HELEN OF TROY LIMITED, Case No. 3:18-cv-01165-SI

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

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;
PAGE 2 - 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 3 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,

partnerships, business entities and unincorporated associations identified in the caption
(collectively “Defendants”), and in support thereof alleges as follows:

NATURE AND BASIS OF ACTION

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

counterfeit HYDRO FLASK-branded products. Defendants’ actions constitute trademark

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,

and reasonable attorneys’ fees.

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.

PAGE 3 - 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 4 of 26

3. The Defendants are trademark counterfeiters who, through fully interactive

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.

JURISDICTION AND VENUE

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

Lanham Act, 15 U.S.C. §§ 1051 et seq.

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

counterfeit HYDRO FLASK products in this district.

PAGE 4 - 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 5 of 26

FACTUAL BACKGROUND

Helen of Troy and Its HYDRO FLASK Marks

7. Helen of Troy is a subsidiary of Helen of Troy Limited (“HOT”), a publicly traded

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®,

VICKS®, BRAUN®, HONEYWELL®, PUR®, FEBREZE®, and REVLON®.

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-

up to the market under the trademark HYDRO FLASK.

9. Following the acquisition, Steel Technology’s trademarks were assigned to Helen

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

images of select Hydro Flask products are attached as Exhibit 1.

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

consumer goodwill, including in this judicial district.

PAGE 5 - 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 6 of 26

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

Goods and Outdoor according to Sports One Source SSI reporting.

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

and select pages of the website are attached as Exhibit 2.

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,

L.L. Bean, Dick’s Sporting Goods, Wegman’s, and Amazon.com.

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

mark, the HYDRO FLASK Marks):

PAGE 6 - 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 7 of 26

18. The Hydro Flask Design appears prominently on all Hydro Flask products and in

all advertising and marketing materials for the products.

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:

Mark Reg. No./ Goods
Date
HYDRO FLASK 4,055,784 Class 21- Drinking flasks; Drinking vessels; Flasks; Insulated
containers for food or beverage for domestic use; Insulated
11/15/2011 flasks; Insulated vacuum flasks; Vacuum flasks

HYDRO FLASK 5,295,365 Class 6- Metal lids

9/26/2017 Class 20- Non-metal caps for bottles; Plastic lids

Class 35- On-line retail store services featuring metal lids,
metal lids for food flasks, and insulated vacuum food flasks,
non-metal bottle caps, plastic lids, and plastic lids for bottles
sold empty, growlers, and insulated vacuum bottles sold
empty and growlers, bottles sold empty, flasks for food, and
growlers, insulated vacuum bottles sold empty, insulated
vacuum flasks for food, vacuum growlers, reusable stainless
steel bottles sold empty, flasks for food, and growlers, flasks
for food for domestic use, thermal insulated bottles, growlers
and flasks for food

PAGE 7 - 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 8 of 26

HYDRO FLASK 5,302,353 Class 18- All-purpose carrying bags; Shoulder bags; Sling
bags; Travel bags
10/3/2017

5,302,354 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

above are attached as Exhibit 3.

PAGE 8 - 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 9 of 26

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)

and 22 of the Trademark Act of 1946, 15 U.S.C. §§ 1057(b) and 1072.

23. Federal registration number 4,055,784 is incontestable pursuant to Section 15 of

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

registered therein in commerce in the United States.

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

marks and the registrations therefor.

Defendants and Their Unlawful Conduct

25. Defendants are each engaged in the advertising, offering for sale, and/or sale of

counterfeit HYDRO FLASK-branded products.

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

is addressed separately below.

A. The Infringing Websites

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

PAGE 9 - 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 10 of 26

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

domain name <hydroflaskoutlet.com> to sell counterfeit Hydro Flask product.

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

is included by domain name as part of the documents in collective Exhibit 5.

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.

PAGE 10 - 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 11 of 26

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

(collectively the “Infringing Domain Names”). These marks are as follows:

Flaskhydro.com Flask-hydro.com Flask-hydro-flask.com
hftumblers.com hydroask.com Hydrocupflask.com
hydroflask.biz Hydroflask-bottles.com Hydro-flask-bottles.com
Hydroeflask.com Hydroflaskbottles.store Hydroflaskc.com
hydroflaskcheap.com hydroflaskcoffee.com Hydroflask-cup.com
hydroflaskcup.com hydro-flask-cup.com hydroflaskcups.com
Hydroflaskdeal.com hydroflaskdeals.com hydroflasken.com
hydroflaskforsale.com Hydroflaskhydration.com Hydroflaski.com
Hydroflaskofficial.com Hydroflask-official.com Hydroflaskofficialstore.com
hydroflaskonsale.com hydroflaskoutlet.com hydroflasksale.com
hydroflasksales.com Hydroflasksell.com Hydro-flask-shop.com
Hydroflaskshopus.com hydroflaskstore.com hydro-flask-store.com
hydroflasktumbler.com Hydroflasktumblers.com hydroflaskus.com
Hydroflsak.com hydrooflask.com hydrosflask.com
officialhydroflask.com Shophydroflask.com xhydroflask.com

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:

PAGE 11 - 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 12 of 26

Official Hydro Flask Website

<flask-hydro-flask.com> Website

PAGE 12 - 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 13 of 26

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

counterfeit Hydro Flask products without Helen of Troy’s knowledge or consent.

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

domain names is the content of the redirected site.

Redirecting Sites Directed to Site
Cupstoreonline.com
Onlinecup.store Hydroflask-cup.com
Xhydroflask.com
Hydroflask-bottles.com
hydroflaskforsale.com Flaskhydro.com
hydroflaskhydration.com
Hydro-flask-cup.com
hydroflask-official.com
hydroflaskonsale.com (now inactive) Flask-hydro-flask.com
hydro-flask-shop.com
hydroflasktumblers.com
officialcupstore.com
Hydroflaskcoffee.com Hydro-flask-store.com

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

use are identified in Exhibit 4).

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

PAGE 13 - 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 14 of 26

from Hydro Flask or an authorized Hydro Flask retailer. An example of once such post from the

owner of the Defendant Domain Name <hydroflaskstore.com> is set forth below:

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

of these consumers are attached as Exhibit 6.

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

paid $56.88 through PayPal for the order.

PAGE 14 - 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 15 of 26

43. The registrant of <HydroFlaskTumblers.com> is “Li ChaoQun” with a registered

address of 3337 Crossfield, Duluth, California 30096. This is a patently bogus address as there is

no Duluth, California. (See documents included in Exhibit 5).

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

agreed to give her a refund only on the tumbler lid.

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

E-Commerce Holdings LLC (<guofengzhu1204@outlook.com>) had issued her a refund that

would appear on her credit card statement as being from “PAYPAL *FENGZHUECOM.” True

and correct copies of this correspondence is included in Exhibit 7.

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

PAGE 15 - 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 16 of 26

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.

50. Another consumer, Melissa Hughes of Kelseyville, California, reported to Hydro

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

provided to Helen of Troy regarding her order are attached as Exhibit 8.

PAGE 16 - 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 17 of 26

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

in China is behind the site and sale.

52. A third consumer, Lindy Henshaw of Poulsbo, Washington, reported to Helen of

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

attached as Exhibit 9. The registrant of <hydroflaskstore.com> is identified in the registration

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

documents included in Exhibit 5.

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

is <doudt986@sina.com>. Sina.com is an Internet service provider headquartered in Beijing. The

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.”

A true and correct copy of the shipping receipt is included in Exhibit 9.

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.

56. A number of the Defendant Domain Names, like <hydroflaskstore.com>, are

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

PAGE 17 - 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 18 of 26

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.

57. An employee of Steel Technology, Robbie Williams of Bend, Oregon, placed an

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

<hydroflasktumblers.com> is “Li ChaoQun,” who is addressed above (see Exhibit 4).

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

included in Exhibit 10.

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

HYDRO FLASK Marks and associated products.

PAGE 18 - 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 19 of 26

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

by Nanchang Lanjunde Industria Co. of Nanchang, China (“Nanchang”) to an individual named

Zhang Xia of Guilderland, New York. True and correct copies of the TMK letter of seizure CBP

sent to Helen of Troy is attached as collective Exhibit 11.

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

FLASK Marks in connection with any goods or services.

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

PAGE 19 - 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 20 of 26

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

HYDRO FLASK Marks in connection with any goods or services.

COUNT I

Trademark Infringement and Counterfeiting (15 U.S.C. § 1114)

71. Helen of Troy incorporates by reference the allegations contained in paragraphs

1 – 70 of this Complaint as if fully set forth herein.

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

has built in its marks.

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

with, Helen of Troy.

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

retailers or distributors, which they are not.

75. Defendants’ conduct constitutes knowing and willful trademark infringement and

counterfeiting under Section 32 of the Trademark Act of 1946, 15 U.S.C. § 1114.

PAGE 20 - 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 21 of 26

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

goodwill of their valuable HYDRO FLASK Marks.

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))

78. Helen of Troy incorporates by reference the allegations contained in paragraphs

1 – 77 of this Complaint, as if fully set forth herein.

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

in violation of Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A).

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.

PAGE 21 - 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 22 of 26

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

Defendants’ profit and Helen of Troy’s damage.

COUNT III

Violation of the Anticybersquatting Consumer Protection Act (15 U.S.C. § 1125(d))

84. Helen of Troy incorporates by reference the allegations contained in paragraphs

1 – 83 of this Complaint, as if fully set forth herein.

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

Infringing Domain Names.

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

HYDRO FLASK-branded products when they were not.

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

Names was registered.

89. The Domain Name Defendants’ aforesaid actions constitute cyberpiracy in

violation of Section 43(d) of the Trademark Act of 1946 (15 U.S.C. § 1125(d)).

PAGE 22 - 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 23 of 26

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

HYDRO FLASK Marks. Helen of Troy has no adequate remedy at law.

PRAYER FOR RELIEF

WHEREFORE, by virtue of Defendants’ unlawful conduct as alleged in Counts I through

III of this Verified Complaint, Helen of Troy respectfully prays that:

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);

2. The Defendants, their affiliates, officers, agents, servants, employees, attorneys,

representatives, and all persons acting for, with, by, through, under, or in active concert with them,

be temporarily, preliminarily, and permanently enjoined and restrained from:

(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;

(c) shipping, delivering, holding for sale, transferring, or otherwise moving,

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

PAGE 23 - 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 24 of 26

sale, and which bear any of the HYDRO FLASK Marks or any reproductions, counterfeit copies,

or colorable imitations thereof;

(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

HYDRO FLASK products;

(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

with the HYDRO FLASK Marks; and

(g) otherwise competing unfairly with Helen of Troy in any manner;

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

of the Defendant Domain Names to Helen of Troy;

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,

and the registrars for the domain names, shall:

PAGE 24 - 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 25 of 26

(a) disable and cease providing services for any accounts through which

Defendants engage in the advertising, promotion, or sale of counterfeit HYDRO FLASK products

using any of the HYDRO FLASK Marks;

(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

products using the HYDRO FLASK Marks; and

(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

Domain Names from any search index;

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

exceeding three times the amount thereof as provided by 15 U.S.C. § 1117;

8. In the alternative, each Defendant be ordered to pay Helen of Troy statutory

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);

9. Each Defendant that is a registrant of an Infringing Domain Name be ordered to

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

incurred in connection with this litigation; and

PAGE 25 - 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 26 of 26

11. Helen of Troy be granted such other, different, and additional relief as the Court

deems just and proper.

DATED: July 9,2018

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

ALSTON & BIRD LLP
David J. Stewart, pro hac vice
Mary Grace Gallagher, pro hac vice
One Atlantic Center
1201 West Peachtree Street, Suite 4900
Atlanta, GA 30309-3424
Telephone: 404.881.7000
Facsimile: 404.881.7777

Attorneys for Plaintiff Helen of Troy Limited

PAGE 26 - 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