John S. Artz (Member, Troy) was quoted in Bloomberg BNA News in the article titled, “Yeti Enforces Trade Dress Over Rambler Cups as IPO Looms”.
The article discusses Austin-based Yeti Coolers LLC, assertion that its rights were infringed in more than 50 intellectual property actions in federal court since late 2014, according to Bloomberg Law data. A large number of the lawsuits are over its Rambler tumblers. Another target of Yeti’s enforcement efforts, Ontel Products Corp., maker of Rocky Mountain-branded drinkware, tried to preempt Yeti when it heard from its retail customers that Yeti was threatening to sue them.
Ontel filed a declaratory judgment action in the U.S. District Court for the District of New Jersey, asking the court to declare that Rocky Mountain tumblers weren’t infringing. The court rejected that action, saying that hearing from customers about Yeti’s threats didn’t create a big enough fear of litigation to create a real case or controversy. It was small consolation for Ontel that Yeti had actually sued it in Texas by the time the New Jersey ruling came down. “After we filed ours, we got sued, which was kind of our argument,” Ontel’s lawyer, John S. Artz, told Bloomberg BNA.
John S. Artz has been lead counsel for many companies in intellectual property and commercial litigation matters. He has practiced in federal courts across the country, including in Michigan, California, Colorado, Florida, New York, Pennsylvania, Tennessee, the U.S. Court of Federal Claims, and the U.S. International Trade Commission. John has also argued or briefed numerous cases to various federal courts of appeals as well as the U.S. Supreme Court. John is a co-chair of Dickinson Wright’s Intellectual Property Litigation Group and focuses on patent, trade secret, trademark and copyright litigation. John also actively counsels clients on patent and trademark prosecution and clearance matters.
John is a past President of the Michigan Intellectual Property Law Association and is currently a co-chair of the Intellectual Property Section of the Federal Bar Association for the Eastern District of Michigan. He may be reached at 248-433-7262.