OtterBox sues Miami individuals, company for alleged sale of knockoff Otter products

FORT COLLINS — Otter Products LLC and TreeFrog Developments Inc., both Fort Collins companies, have filed suit against three Florida residents, a Florida company and several unknown parties for trademark infringement and other allegations involving alleged illegal sale of Otter products or knockoffs.

The case, filed in Larimer County District Court, alleges that Menachem Mendel Ichilevici, Andrea Ichilevici and Beny Ichilevici, all listed at the same Miami, Florida, address, along with TX Trading Inc., and 10 individuals identified as “John Does 1-10” have violated federal trademark law and have engaged in unfair business practices that violate Colorado law. 

Otter, which sells its products using authorized seller agreements, contends that the Ichilevicis and TX Trading, a company registered to Beny Ichilevici, sell OtterBox and LifeProof products — both registered trademarks of Otter Products and TreeFrog Developments — using an Amazon storefront called “Mac N’ Cheese.” The suit alleges that the defendants are using Amazon fulfillment centers to store and supply the infringing products, which in addition to real new and used Otter products also include knockoffs that bear the Otter trademarks.

The suit is similar to suits filed by other technology and merchandise companies such as Popsockets that allege similar violations of their trademarks.

Otter seeks a judgment against the defendants, damages to be determined at trial and a permanent injunction. 

Beny Ichilevici, contacted at TX Trading, did not return a request for comment.

© 2021 BizWest Media LLC

FORT COLLINS — Otter Products LLC and TreeFrog Developments Inc., both Fort Collins companies, have filed suit against three Florida residents, a Florida company and several unknown parties for trademark infringement and other allegations involving alleged illegal sale of Otter products or knockoffs.

The case, filed in Larimer County District Court, alleges that Menachem Mendel Ichilevici, Andrea Ichilevici and Beny Ichilevici, all listed at the same Miami, Florida, address, along with TX Trading Inc., and 10 individuals identified as “John Does 1-10” have violated federal trademark law and have engaged in unfair business practices that violate Colorado law. 

Otter, which sells its products using authorized seller agreements, contends that the Ichilevicis and TX Trading, a company registered to Beny Ichilevici, sell OtterBox and LifeProof products — both registered trademarks of Otter Products and TreeFrog Developments — using an Amazon storefront called “Mac N’ Cheese.” The suit alleges that the defendants are using Amazon fulfillment centers to store and supply the infringing products, which in addition to real new and used Otter products also include knockoffs that bear the Otter trademarks.

The suit is similar to suits filed by other technology and merchandise companies such as Popsockets that allege similar violations of their trademarks.

Otter seeks a judgment against the defendants, damages to be determined at trial and a permanent injunction. 

Beny Ichilevici, contacted at TX Trading, did not return a request for comment.

© 2021 BizWest Media LLC