Otter Products, Jel-Sert end copyright dispute

FORT COLLINS and CHICAGO  — Otter Products LLC and The Jel-Sert Co. appear to have settled a lawsuit arising from a co-branding deal that went frigid.

The U.S. District Court of Colorado dismissed the case Wednesday after Otter ended its claims against Jel-Sert with prejudice this week, according to court filings. The suit ended after Otter filed a response to Jel-Sert’s motion to dismiss Sept. 25.

Otter filed suit against Jel-Sert in July after the Chicago-based maker of Otter Pops frozen popsicles sent a letter saying the Otterbox brand was infringing on its frozen treats. The two companies began discussions on a co-branding opportunity in early 2018, including a special edition Otter cooler with the Otter Pops logo that would send some proceeds to Jel-Sert’s “Pops for Cops” program. At some point, Boulder-based PopSockets LLC joined the talks.

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Jel-Sert pulled out of the negotiations in February and later sent Otter a letter claiming the Otter + Pop cases with built-in phone grips diluted the popsicle’s branding. 

In an email, Otter Products communications manager Jordan Vater said the company “is happy to have resolved the issue on favorable terms and there will be no changes to our branding” and the companies did not make any financial deals as part of the settlement. Both sides are paying their own legal costs, according to court filings.

The attorneys of record for Jel-Sert did not respond to requests for comment Thursday morning.