Schooner or later, many “copycat” products will run aground on intellectual property law. In this week’s edition of the BL Business Branding series, we’re cruising into the rough waters of an alleged trademark infringement lawsuit between a popular outdoorsy retailer and a massive promotional item distributor.
Outdoor apparel and equipment seller L.L.Bean has many popular products in its 113-year history, and the item at the center of a recent lawsuit is one of their most iconic offerings – the trademarked “BOAT AND TOTE” canvas bag line. Handcrafted in Maine and customizable with monograms and different colored detailing, L.L.Bean claims that products under the registered mark generate over $10 million in annual revenue. L.L.Bean has sold “BOAT AND TOTE”-branded products since 1965 and formally secured exclusive ownership of the mark for “[a]ll purpose carrying bag[s]” with the USPTO in 2002.
In addition to offering “BOAT AND TOTE” products to individual customers, the company also sells directly to businesses through its “L.L.Bean for Business” arm, which focuses on supplying customized promotional products at volume discounts. The company also licenses its “BOAT AND TOTE” products to select retailers. Enter 4Imprint, a billion-dollar competitor in the promotional product space that is not an authorized reseller.
According to the complaint recently filed by L.L.Bean, 4Imprint had over a dozen products listed on its website that infringed on the “BOAT AND TOTE” trademark. Nearly identical canvas bags with names such as the “Set Sail Boat Tote” and the “Canvas Sling Boat Tote” were also available for sale at volume discounts and with customization options. Although the canvas bags in question were unbranded, 4Imprint offers its customers customizable goods from other third-party brands in the same niche as L.L.Bean, such as Eddie Bauer and Carhartt, which could lead consumers to erroneously believe the “Boat Totes” are also licensed products from L.L.Bean.
Despite receiving a notice in January 2025 notifying the company that L.L.Bean owns the exclusive right to use the “BOAT AND TOTE” mark on all-purpose bags, the complaint alleges 4Imprint continued to offer its infringing “Boat Tote” products to intentionally capitalize on the reputation of L.L.Bean’s trademark and to mislead costumers into purchasing the unbranded “Boat Tote” products instead of the name brand items offered by L.L.Bean and its licensees.
At the time of this article’s publication, 4Imprint has not yet responded to the complaint, but it has removed the “Boat Tote” phrase from the canvas bag products on its website while the lawsuit remains active and afloat.
What Can Businesses Learn From This?
As we covered in our article on the Benefit vs. e.l.f. mascara dupe dispute, the line between infringement and inspiration can be thin. As this case progresses, the issue of proving actual confusion among consumers who purchased from the 4imprint Boat Tote line when they intended to purchase L.L.Bean’s “BOAT AND TOTE” products could be a key factor in determining which party will come out on top.
Even with the narrow margin the case may have to show actual damages, L.L.Bean’s decision to pursue the infringement case against 4Imprint is a strong step towards maintaining control over its “BOAT AND TOTE” trademark. Actively enforcing the exclusive use of your trademark helps keep your ownership rights from being “watered down” by unauthorized use, preserving the value of your mark and its potential licensing to third parties.
Have questions about how trademark registration and enforcement can help elevate your business? Contact our BL Trademark Team by reaching out to Seth Berenzweig at sberenzweig@berenzweiglaw.com today.