This week, Lee Law filed two new lawsuits against individuals caught selling counterfeit OtterBox and LifeProof cell phone cases on eBay. Last month, Lee Law filed five similar lawsuits against eBay sellers. OtterBox is proving it does not take infringement of its trademarks lightly. We will review these new cases and discuss the reasons why these individual sellers were sued.
Aaron Smurthwaite (eBay usernames: aarons-giftshop / smurt-56 / smurfsupreme) Sioux City, IA
The Complaint can be reviewed here. Mr. Smurthwaite is probably feeling a bit blue today. Per the Complaint, Despite being put on notice by letters, this defendant continued to distribute counterfeit merchandise and opened at least three different eBay accounts.
The only thing that gets brands more made than infringement is willful infringement when the person has knowledge that what they are doing is illegal.
Rootcode Inc. / Mohammad Shahzalal (eBay username: rootcode) St. Paul, MN
The Complaint can be reviewed here. Mr. Shahzalal admitted to selling more than 80 cases and then agreed to a settlement. He then backed out of the settlement and the lawsuit was filed. That will get a brand very angry as well.
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.