BenShot Sues Petco in Wisconsin, Alleging Its Golf Ball and Soccer Ball Pint Glasses Infringe a Design Patent.

The complaint

The case is BenShot, LLC v. Petco Animal Supplies, Inc., No. 1:26-cv-01829 (E.D. Wis.). The design patent issued September 10, 2019 and names Ben Wolfgram as the inventor and BenShot as the applicant. Its single claim reads: "The ornamental design for a sphere device, as shown and described." The complaint says BenShot has manufactured and sold drinking glass designs since 2015 and in 2017 "invented and started selling a drinking glass design comprising a golf ball embedded in the side of a drinking glass via an indentation in the glass."

The complaint describes the accused golf ball glass as "a drinking glass with a golf ball embedded into a wall of the glass" and the soccer ball version as the same, with a golf ball painted to resemble a soccer ball. It alleges that each glass "includes key features from/is the same as the design claimed" in the patent, and that an ordinary observer or purchaser would find the overall design of the patent and the golf ball glass substantially similar and would mistakenly buy the golf ball glass. The complaint makes no ordinary-observer allegation about the soccer ball glass. According to the complaint, International Pet Supplies and Distribution imports the glasses and distributes them to at least Petco, and Petco sells them on petco.com and in its retail stores. On information and belief, the complaint alleges that each defendant knew of the patent before September 21, 2026, the date of the petco.com listing printouts attached as Exhibits 2 and 3. It does not allege a notice letter.

Claims for relief

The single count pleads direct infringement under 35 U.S.C. 271(a) and, on information and belief, inducement under 35 U.S.C. 271(b) against both defendants, and alleges that the infringement "has been and continues to be knowing, intentional, and willful." The prayer asks for a judgment of infringement and inducement, a permanent injunction, a recall of the accused products for delivery to BenShot's counsel for destruction or donation at the defendants' cost, damages under 35 U.S.C. 284 with interest and costs, increased up to three times, the defendants' profits under 35 U.S.C. 289, an exceptional-case finding and attorneys' fees under 35 U.S.C. 285, and punitive damages in an amount not yet determined.

What to watch next

Watch for the defendants' answer or any motion to dismiss. The case can end at any time by settlement or dismissal.