This week, Lee Law filed numerous lawsuits against individuals caught selling counterfeit OtterBox and LifeProof cell phone cases on eBay. We will review some of these cases and discuss the reasons why these individual sellers were sued.
Anthony Vincent Cea (eBay usernames: cellcasehub / crownnationalindustries / anthony.cea-7) Webb, Alabama
The Complaint can be reviewed here. Mr. Cea is a repeated counterfeiter who was caught under three different eBay accounts selling counterfeit cases. Despite being sent a cease and desist letter and communicating with OtterBox’s counsel, Mr. Cea ignored repeated requests to cease his illegal behavior. Therefore, OtterBox was forced to take action due to his willful behavior. Below is an ill-advised email from Mr. Cea.
Mr. Cea thought that his best defense to OtterBox’s allegations was to issue threats and cite doctrines that apply to Copyright law and not Trademark law. Such behavior only leads to lawsuits.
Re-Sale America LLC / Thomas Shultz / Bhoomeshwar Gone (eBay username: re-saleamerica) Lakeland, FL
The Complaint can be reviewed here. Re-Sale America is a large discount store located in Lakeland, FL that also sells on eBay. The company and its owners were warned about selling counterfeit LifeProof cases but continued to do so despite the warnings.
William Becque (eBay Username willibecqu_0) Carbondale, IL
The Complaint can be reviewed here. Mr. Becque was caught selling counterfeits and refused to provide details to a cease and desist letter but instead issued threats. When telephoned, Mr. Becque answered and then refused to say a word. This lack of cooperation is what lead to a lawsuit being filed against him. Addressing an email to an attorney as “bud” was probably not the way to go. You can see this email below.
The distribution of counterfeit products is a serious crime that not only hurts the brand but people who spend money on these luxury products only to find out they are fake. Be careful and only purchase from authorized seller. When a deal looks too good to be true, it is.