Otter Products, LLC has asked a federal judge to award $7 million in statutory damages in a trademark counterfeiting lawsuit accusing Grand Rapids Liquidators LLC—known online as “Korting” and “Korting Outlet”—and its owners of selling large quantities of fake OtterBox phone cases.
According to OtterBox’s motion for summary judgment, the defendants allegedly sold counterfeit cases through eBay and four retail stores, ignored multiple cease-and-desist request, and continued selling even after the lawsuit was filed. The filing states that the defendants concealed inventory, misrepresented sales figures, and were caught at a deposition with counterfeit products in hand.
Test purchases conducted by OtterBox confirmed that the items were not authentic, and consumer reviews reportedly warned that the cases were “fake.” The company argues the conduct was “knowing and willful,” qualifying it for maximum statutory damages under the Lanham Act.
OtterBox is seeking $1 million for each of seven counterfeited trademarks, as well as attorney’s fees and a permanent injunction preventing any future sales of OtterBox-branded goods by the defendants.
The case is pending in the U.S. District Court for the Southern District of New York.
