Otter Products Ratchets Up Its Enforcement of Counterfeit Otterbox Phone Cases

 Recently, Otter Products LLC, the maker of specialty mobile phone cases including their DEFENDER®, COMMUTER® and IMPACT SERIES® line of products, has stepped up its enforcement actions against buyers and sellers of alleged counterfeit goods bearing their federally registered trademarks.   To date, approximately 30 trademark infringement lawsuits have been filed against John Does and named individuals in the Central District of California, the Eastern District of New York and District of Colorado alleging the sale of counterfeit phone cases sold online including by Amazon marketplace, eBay and Craigslist sellers and retailers. 

Additionally, law firms retained by Otter Products have sent hundreds, if not thousands, of letters to suspected counterfeit sellers alleging multiple intellectual property violations including violation of the Lanham Act, federal trademark infringement, false designation of origin, unfair competition, false or misleading advertising, unfair business practices and unjust enrichment.  Many of these letters allege illegal dealings in counterfeit Otterbox products as confirmed by the inspection of phone cases by an investigator who purchased a case online from the seller.  Moreover, these letters often make an offer of settlement should the seller wish to resolve the matter in lieu of being sued in a state that is typically not their home state.

 

 If you’ve received a letter from a law firm retained by Otter Products, it is best to consider hiring an attorney that has experience representing sellers of alleged counterfeit goods so that you can better understand your options and determine if settlement is the best course of action.