BenShot filed a lawsuit against Petco in federal court Oct. claiming violation of its patent for a ball embedded in glassware.
Appleton-based BenShot makes glasses for spirits and beers embedded with items including bullets, golf balls, guitar picks, propellers and fishing lures. Founded in 2015, the company has been a finalist for Coolest Thing Made in Wisconsin.
In the suit filed in the U.S. District Court for Eastern Wisconsin, BenShot says Petco is selling “Ball is Life Golf Ball Pint Glass and the Ball is Life Soccer Ball Pint Glass at its website and in retail outlets. BenShot says it began manufacturing a drinking glass with a golf ball embedded in the side of glass in 2017 and obtained a patent for the “sphere device” design in 2019.
The suit states: “An ordinary observer or purchaser would find the overall design … substantially similar.”
BenShot says by importing and selling the glasses, Petco has financially damaged BenShot. BenShot is asking for an injunction to prevent Petco from importing and selling the glasses and recalling any glassware from retailers and distributors. The company also is seeking to have the court award all profits from the Petco’s sale of the glasses to BenShot, award punitive damages and attorney’s fees.
It’s not the first time BenShot has gone to court to protect its business. BenShot successfully sued Lucky Shot USA and 2 Monkey LLC in federal court and was awarded $3.1 million in damages in November 2022.
