S’WELL AND RTIC AMICABLY RESOLVE DISPUTE; RTIC TO CEASE MANUFACTURE AND SALE OF BOTTLE PRODUCTS IN LITIGATION, AND PARTIES DISMISS THEIR SUITS

New York, Jan. 17, 2018 -- Press Release

S'well

NEW YORK, January 17, 2018 -- The U.S. District Court for the Southern District of New York has entered an order dismissing litigation between Can’t Live Without It, LLC d/b/a S’well Bottle (“S’well”) and RTIC Coolers, LLC, RTIC Drinkware, LLC, RTIC Web Services, LLC, and Velky Brands, LLC (“RTIC”), following the parties’ amicable resolution of their federal court litigation and administrative cancellation proceeding.  The litigation involved S’well’s registered trade dress and trademark in its signature product, the S’well Bottle. 

“We take pride in offering our unique and distinctive-looking bottle—half hydration device, half fashion accessory—that is immediately recognizable to millions of consumers,” said S’well Founder and CEO Sarah Kauss. “We will continue to defend our distinctive trade dress.”

S'well filed its complaint for trade dress infringement and related claims on May 11, 2017, and RTIC filed a declaratory judgment complaint for non-infringement and cancellation and filed a cancellation proceeding in the U.S. Patent and Trademark Office.  See Civil Action Nos. 1:17-cv-03530-ALC-KHP and 1:17-cv-05356-ALC-KHP. 

S’well Associate Counsel Miriam Kavalerchik added, “The dispute with RTIC has been amicably resolved and the terms of the settlement include RTIC’s agreement to cease the manufacture and sale of the products involved in the litigation and a dismissal of the lawsuit.” 

S'well was launched in 2010 with a mission to reduce consumption of single-use plastic bottles. The company’s stylish, high-quality, stainless steel products come in a variety of sizes and colors, and are sold at swellbottle.com and well-known retailers across the United States, as well as 65 countries worldwide.

About S'well

S’well® is a global manufacturer, wholesaler and online retailer of upscale, insulated reusable beverage containers that look great and do good. S’well products are beautifully crafted and composed of BPA-free and 18/8 stainless steel. Most S’well products keep drinks cold for up to 24 hours and hot for up to 12. On a mission to rid the world of plastic bottles and help communities in need, S’well gives back with each bottle sold. It is a partner of organizations such as UNICEF USA, Breast Cancer Research Foundation (BCRF) and (RED). Recently, S’well was named to the 2017 Inc. 500 List of fastest-growing, privately-held companies (#99). In addition, S’well has been named #1 Fastest-Growing, Women-Led Company by The Women Presidents’ Organization and included on Crain’s New York Business’ 2016 “Fast 50” (#11). S’well bottles are currently sold in 65 countries worldwide. Visit www.swellbottle.com to learn more.

Media Contact: 
Erin Kelly
[email protected]
646.518.8436