Five Below Ordered to Halt Sales of Hydrojug Look-Alikes

Discount retail chain Five Below Inc. must remove certain half-gallon water bottles from its shelves after an Ohio federal court ruled that the bottles infringe Hydrojug Inc.'s design patent and trademark.

Judge Pamela A. Barker of the US District Court for the Northern District of Ohio granted Hydrojug a preliminary injunction Sept. 2 meant to halt the sales of Five Below’s $5 Aquajug.

“Aquajugs are nearly identical to Hydrojugs yet sell for a fraction of the cost of a Hydrojug. Thus, it appears that Defendants not only intended to compete directly with Hydrojug by marketing a bottle with a nearly ...