OtterBox files lawsuit against unauthorized Amazon resellers over counterfeit cases

OtterBox counterfeit lawsuit overview: 

• Who: Otter Products LLC and Treefrog Developments Inc. filed a lawsuit against a number of third-party sellers of its products.
• Why: OtterBox claims unauthorized resellers are committing trademark infringement and harming its reputation by selling knockoff versions of its protective cases on storefronts on Amazon Marketplace.
• Where: The lawsuit was filed in King County Superior Court. 

The manufacturers of OtterBox protective cases have filed a lawsuit against third-party sellers on Amazon Marketplace over claims they are selling counterfeit protective cases that illegally bear the OtterBox trademark.

OtterBox claims unauthorized third-party sellers are not only committing trademark infringement but also allegedly hurting their reputation by selling products bearing their name that are of inferior quality. 

“It is common for these unauthorized sellers to sell diverted products of inferior or otherwise questionable quality in shipments to unwitting consumers,” the OtterBox lawsuit states. 

The counterfeit OtterBox products are being sold on Amazon Marketplaces with names such as Retail Simpli, Ernies Galaxy Sales, Coconut Cove, CaseFits and PremeDET, among a number of others, according to the class action. 

Authorized OtterBox resellers breaching their contract with the company, lawsuit claims 

OtterBox claims a number of authorized resellers have also been breaching their contract agreements with the manufacturer by selling Otter products on marketplaces such as Amazon without having prior written consent to do so. 

The company argues that, in order to prevent third parties from being able to acquire and sell Otter products, it only allows authorized distributors to sell its products to authorized resellers that it approves of. 

Further, OtterBox says authorized resellers of its products are only allowed to sell them to end users, and that rules are in place to prevent them from being sold “to other resellers or anyone who intends to resell the products.”

“Authorized Resellers are also prohibited from selling products on unauthorized websites, including third-party marketplaces such as Amazon, eBay, Walmart Marketplace, or Craigslist, without prior written consent of Otter,” the OtterBox lawsuit states. 

OtterBox argues the unauthorized resellers are guilty of trademark infringement, common law trademark infringement and false advertising, among other things, and alleges the authorized resellers are guilty of breach of contract. 

The company is demanding a jury trial and requesting injunctive relief along with an award of compensatory, statutory and treble damages. 

In another case involving Amazon, the company — along with Therabody — filed a complaint against a group of individuals and Chinese corporations in June over claims they were selling counterfeit Theragun massagers on Amazon.com. 

Have you purchased an OtterBox protective case on Amazon Marketplace? Let us know in the comments! 

OtterBox is represented by Jennifer Davis and Venkat Balasubramani of Focal PLLC.

The OtterBox counterfeit lawsuit is Otter Products LLC, et al. v. John Does 1-100, Case No. 23-215982-9, in King County Superior Court. 

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