OtterBox secures $2M court victory over counterfeiters

By Kevin Bostic

Popular Apple device accessory maker OtterBox has won the latest in a series of legal actions against counterfeiters, securing a $2 million verdict against a New York-based company.

A U.S. District Court judge issued a permanent injunction recently against S & P Trading Inc., saying that the firm had violated provisions of the Lanham Act in purchasing and selling at least 146,025 counterfeit cases. Those cases, the judge decided, infringed on OtterBox's federally registered trademarks.

OtterBox has more than 110 trademark registrations worldwide, with a number of others pending. OtterBox also holds more than 190 patents in the United States.

This latest decision is but one in a series of actions OtterBox has taken against counterfeiters. In 2012, OtterBox collaborated with U.S. Customs and Border Protection to seize 118,000 counterfeit items. That action resulted in additional judgments of nearly $11 million.

OtterBox's CEO praised the effect the recent decision would have on consumer protection.

“OtterBox was built on bringing our customers innovative, first-to-market products,” said OtterBox CEO Brian Thomas. “A lot of design, engineering and testing goes into each of our custom protective cases, which is why we take a hard line with companies creating and selling fake cases, as well as those infringing on our patents and trademarks. Counterfeit products damage our reputation for delivering premium quality products because many consumers aren’t aware that they purchased a fake OtterBox. If a deal seems to be too good to be true, it probably is.”