BenShot Filed Patent Infringement Lawsuit Against Petco
The Wisconsin-based company alleges Petco illegally sold glasses featuring an embedded sphere design.
Updated on Oct. 14, 2026 in Pets — General
Live Poll
Should large retail chains be held strictly liable for copying patented designs from small businesses?
BenShot LLC has initiated a patent infringement lawsuit against Petco in the U.S. District Court for the Eastern District of Wisconsin. The suit alleges that Petco unauthorizedly sold drinking glasses featuring embedded golf and soccer balls.
Why it matters
The legal action highlights ongoing disputes regarding the replication of patented designs in retail products. BenShot seeks a court-ordered injunction and monetary damages to address the alleged intellectual property violations.
BenShot holds the patent for a drinking glass with an embedded ball, a design the company has sold since 2017. Petco currently offers competing Ball is Life golf and soccer ball glasses in Wisconsin stores and online.
The players
BenShot LLC
An Appleton, Wisconsin-based glassware manufacturer known for embedding objects into the sides of its drinking vessels.
Petco
A major American pet retailer headquartered in San Diego, California, that provides supplies and services for pets.
The details
BenShot claims that an ordinary consumer would find Petco’s products substantially similar to its patented design. The lawsuit requests that the court mandate a product recall and the destruction or donation of the disputed merchandise.
Timeline
BenShot began selling the sphere design in 2017.
The company received a patent for its design in 2019.
The civil suit was officially filed on October 2, 2026.
Petco subsidiaries were served the complaint on October 5, 2026.
Culture Shift
This dispute reflects a broader trend of small manufacturers utilizing legal channels to guard their unique designs against mass-market retailers. These actions indicate a shift in how companies defend proprietary aesthetics to maintain market exclusivity.
Petco customers in Wisconsin may see specific product lines removed from shelves if the court grants the requested injunction. Residents should anticipate potential changes to the availability of certain novelty glassware items at local retail locations.
The takeaway
Intellectual property disputes often turn on whether designs are substantially similar enough to confuse the average shopper. Companies remain vigilant in protecting their unique designs to prevent competitors from capitalizing on their original concepts.
Further reading
Learn more about industry regulations and consumer trends at the Pets — General.
Live Poll
Should large retail chains be held strictly liable for copying patented designs from small businesses?
