Five Below Hit With Second Patent Lawsuit Over Hydrojug Copycat

Five Below Inc. and BSM Enterprise Ltd. are accused of infringing Hydrojug Inc.'s patented ornamental design for a water bottle container sleeve.

Hydrojug sued Five Below and BSM in the US District Court for the District of Utah on Tuesday, accusing the retailer and housewares manufacturer of selling “GYM GROWLER"-branded water bottle sleeves that infringe the plaintiff’s exclusive right to commercialize its patented sleeve design. The accused product, Hydrojug says, possesses a “highly similar shape and dimensions, tubular and continuous side, apertures, and pockets.”

The complaint comes a year after another district court in Ohio issued an injunction against Five ...