OtterBox Sues Defendant that Asked to Be Sued

Sometimes you get what you wish for…and that isn’t a good thing. Lee Law, on behalf of OtterBox, has sued an eBay seller for selling counterfeit cell phone cases. The twist in this lawsuit, the defendant asked to be sued.

This firm deals with a lot of sellers of counterfeit product but very rarely, if ever, do these sellers request to be sued. This is the case for one Justin Niemann. As detailed in this Complaint, the defendant was caught on eBay selling illegal counterfeits of OtterBox’s cell phone cases. When confronted with his illegal activity, the defendant requested that he be served with papers. And with a sprinkle of a little fairy dust, that wish has come true.

The sale of counterfeit goods should not be taken lightly and this defendant will see the grave consequences of such cocky statements. The maximum amount of statutory damages for counterfeiting is $2 million per mark, per type of good. This adds up quickly and should set an example for other people could selling fake product.