OtterBox, Otter Pops spar over branding

FORT COLLINS and CHICAGO — The business relationship between Otter Products LLC and the maker of Otter Pops has turned frosty over a trademark dispute.

The Fort Collins-based maker of OtterBox phone and electronics cases filed suit against food producer Jel Sert Inc. in the U.S. District Court of Colorado Wednesday to quell Jel Sert’s claims that Otter Products and PopSockets LLC’s collaborations infringe on its branding.

According to the complaint, Otter Products and Jel Sert started discussing co-branding products in early 2018, particularly selling Otter Products coolers with Otter Pops branding at a premium and donating some of the proceeds to Jel Sert’s “Pops for Cops” program.

The discussions continued through 2019, when Boulder-based PopSockets joined talks for a collaboration among the three companies. Otter Products and PopSockets have released joint products in the past under Otter + Pop branding. Jel Sert pulled out of negotiations in February 2019, according to the complaint.

Jel Sert sent the company a letter in March saying the Otter + Pop designation was diluting the brand of their popsicles, which it has produced since the 1970s and held a trademark on since 1997.

After several months of back-and-forth, Jel Sert threatened to sue Otter Products this month if it did not agree to stop using Otter + Pop branding by December 2020.

Otter Products argues that Otter Pops popsicles aren’t famous enough across the country to suffer brand dilution from an OtterBox-PopSockets collaboration, and is asking the court to declare Jel Sert’s claims unfounded.

In a statement, Otter Products spokeswoman Kristen Tatti said the company won’t comment on pending litigation, but it believes in the merits of the case and thinks the filing speaks for itself. The attorney listed for Jel Sert did not respond to a request for comment Thursday afternoon.

PopSockets, which is not named in the suit, also did not respond to a request for comment.

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