H-E-B Sues Home Depot Over Private Brand Coolers

Texas grocer H-E-B has filed a lawsuit against Home Depot and other companies alleging that they have infringed on patents for their Kodi private brand cooler. H-E-B filed its lawsuit Friday in federal court in Waco, Texas.

First reported by the San Antonio Express-News, H-E-B is asking the court to recall the infringing coolers and order the destruction of all coolers, plates, and molds used to manufacture them.

“At H-E-B, we invest heavily in innovation across our company to provide our customers the best quality products and customer experience available,” spokeswoman Dya Campos told the Express-News. “As a result, we cannot be idle spectators while others use without permission the intellectual property H-E-B and its partners have worked so hard to develop. While we would prefer to not go to court, H-E-B will vigorously fight to protect our investments and brand.”

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Christopher Durham is the president of My Private Brand and the co-founder of The Vertex Awards. He is a strategist, author, consultant and retailer who built brands at Delhaize-owned Food Lion, and lead strategy and brand development for Lowe’s Home Improvement. He has consulted with retailers around the world on their private brand portfolios including: Family Dollar, Petco, Staples, Office Depot, Best Buy, Metro (Canada), TLW (Taiwan) and Hola (Taiwan). Durham has published five definitive books on private brands, including his first book, Fifty2: The My Private Brand Project. In 2017, he will debut his newest book, Vanguard: Vintage Originals, a visual tour of innovation and disruption in private brand going back to the mid-1800’s. Dynamic in his presentation while down to earth and frank in his opinions, he has presented at numerous conferences, including FUSE, The Dieline Conference, Packaging that Sells, Omnishopper and PLMA’a annual trade show in Chicago. Durham lives in Charlotte, NC with his wife, Laraine, and two daughters, Olivia and Sarah.