By Blake Brittain
Nov 7 (Reuters) - The maker of Stanley-branded insulated cups sued discount retailer Five Below FIVE.O in California federal court on Thursday for allegedly ripping off the design of its popular tumblers.
Pacific Market International argued that Five Below's cheaply priced "dupes" of its tumblers violate its trademark rights and infringe design patents covering drink containers sold under its Stanley 1913 brand.
Spokespeople for Five Below did not immediately respond to a request for comment on the lawsuit on Friday. 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.”
PMI's Stanley cups became a sensation on social media in recent years, propelling the Stanley brand to a tenfold increase in revenue of $750 million in 2023, according to a CNBC report.
PMI sells its tumblers for between $20 and $50 on its website. The company's lawsuit said that Philadelphia-based Five Below sells unlawful copies of its Stanley Quencher and other drink containers for as little as $5.
PMI requested an unspecified amount of monetary damages and a court order blocking Five Below from selling the allegedly infringing tumblers.
PMI is facing a separate trademark lawsuit from Stanley Black & Decker over its use of the Stanley name.
The case is Pacific Market International LLC v. Five Below Inc, U.S. District Court for the Northern District of California, No. 3:25-cv-09604.
For PMI: Sarah Piepmeier, Nathan Sabri and William Rava of Perkins Coie
For Five Below: attorney information not yet available
Read more:
Stanley Black & Decker sues Stanley cup maker over trademarks
(Reporting by Blake Brittain in Washington)
((blake.brittain@tr.com; +1 (202) 938-5713))