Although I wasn’t around when the original Stanley cup debuted in 1913 (!), I do remember the humble drink container before it became a viral sensation.

At its core, a Stanley cup is exactly what the name suggests – a cup. But thanks to some savvy influencer-driven marketing on TikTok®, it has evolved into a cultural phenomenon. What was once a simple tumbler is now a coveted lifestyle accessory, helping propel the Stanley brand to a staggering tenfold revenue increase, reaching $750 million in 2023, according to Reuters.

It is then perhaps unsurprising that news broke this month that Pacific Market International (PMI), the maker of the Stanley-branded insulated cups, has filed a lawsuit against a discount retailer named Five Below for selling a seemingly lookalike tumbler. The lawsuit has been filed in California federal court and alleges that Five Below has ripped off the design and brand of Stanley’s popular tumblers. Specifically, PMI have argued that Five Below’s cheaply priced “dupes” of its tumblers (which retail for as little as $5, compared to PMI’s $20-$50 tumblers) violate its trademark rights and infringe design patents covering drink containers sold under its Stanley 1913 brand.

According to the Reuters article,  PMI said in a statement that it “take[s] the responsibility of protecting our intellectual property and the integrity of our brand extremely seriously” and will “pursue all necessary legal action to enforce our rights.”. Spokespeople for Five Below did not immediately respond to a request for comment on the lawsuit.

Will this be the start of PMI taking action against Stanley-cup-wannabes across the globe? In the UK at least, ‘similar’ oversized sippy cups can be found in many popular discount stores.  If PMI decided to assert its rights in the UK, it would have to show that any lookalike cup creates the same “overall impression” on an “informed user” to have a good chance at being successful in a design infringement case. For infringement of the Stanley trade marks in the UK, PMI would need to show that the branding of the lookalike cup is identical or similar to that of the Stanley cups such that it is likely to cause confusion among consumers or take unfair advantage of the Stanley brand reputation.

In recent times, there has been a surge in brands taking low-cost retailers to court for their “copycat” products, with varying success. The retailers have always flown close to the wind when it comes to producing their own-brand products, and despite the outcome of any lawsuits thrown at them, usually their PR team revel at the opportunity to use the dispute as part of their marketing strategy – something that tends to be very popular with consumers.

So, whether PMI will extend litigation over here against those retailers is yet to be seen, but if a case is brought, chances are it will be followed by a clever social media marketing campaign which consumers are more likely to remember than the eventual outcome of the lawsuit.

For further information about this case, or for advice about protecting or defending your designs, please contact Deborah Maxwell or your usual Scintilla advisor. And, don’t forget to stay hydrated!!

 

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