Seal Shield Files Trademark Infringement Suit Against Otter Products, LLC and TreeFrog Developments, Inc. Lawsuit seeks injunctive relief and damages for misappropriation of the Lifeproof™ Trademark.
ORLANDO, Fla., Aug. 22, 2013 /PRNewswire/ -- Seal Shield, LLC, a leading provider of waterproof and infection control products, today announced it has filed a lawsuit in the United States District Court for the Middle District of Florida (Orlando Division), seeking to prevent Otter Products, LLC d/b/a OtterBox and TreeFrog Developments, Inc., d/b/a LifeProof from infringing upon and deliberately copying and using Seal Shield's LIFEPROOF trademark.
The suit, filed on June 21, 2013, alleges Otter Products, based in Fort Collins, Colorado, and TreeFrog Developments, based in San Diego, CA, unlawfully used Seal Shield's LIFEPROOF trademark on protective cases for touch screen products such as iPhones, iPads and similar devices. Seal Shield acquired the LIFEPROOF trademark when it purchased the assets of a waterproof case manufacturer which created the LIFEPROOF brand and has used it for several years to identify its waterproof cases for touch screen devices. According to Seal Shield's CEO, Bradley Whitchurch, "Otter and TreeFrog have deliberately misappropriated our valuable trademark asset and have used it to unlawfully market and sell millions of protective case products through their retail distribution partners."
"Seal Shield has made a significant investment in its technology and branding. Accordingly, we vigorously defend our intellectual property rights and treat the infringement of those rights very seriously," said Andrew McCarthy, Seal Shield's intellectual property counsel. The lawsuit against Otter and TreeFrog alleges federal trademark infringement and unfair competition; false designation of origin; cybersquatting; and other causes of action. Otter and TreeFrog responded to the suit by filing patent infringement lawsuits in Colorado and California. "It is clear to me, Otter and TreeFrog recognize their culpability in the trademark suit and are trying to create settlement leverage through the deliberate and malicious proliferation of litigation," concluded McCarthy.
Otter Products, LLC is the protective case market-share leader. Through a strategy of acquisition, including the purchase of TreeFrog in May of this year, and aggressive litigation against smaller competitors, Otter has successfully created a virtual monopoly for itself in the lucrative protective case market.
When Otter purchased TreeFrog, the lawsuit alleges it knowingly and deliberately attempted to circumvent Seal Shield's superior trademark rights to the LIFEPROOF brand name for protective cases. With its lawsuit, Seal Shield is seeking injunctive relief to prevent Otter, TreeFrog and their affiliates from selling products bearing the LIFEPROOF trademark. Additionally, Seal Shield is seeking the cancellation of several of Otter / TreeFrog's registered trademarks and damages Whitchurch estimates in the "hundreds of millions of dollars."
About Seal Shield:
Seal Shield develops and manufactures medical grade, infection prevention technology for hospitals and the home. Seal Shield is a leader in infection control products including protective cases for tablets and smartphones and patent pending washable keyboards, mice, and TV remote controls. http://www.SealShield.com
SOURCE Seal Shield, LLC