Otter Products v. Mean Cat Creations - Complaint

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 1 of 30
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MINNESOTA
Otter Products, LLC,
Case No.
Plaintiff,
v.
DEMAND FOR JURY TRIAL
Mean Cat Creations Co.,

Defendant.
COMPLAINT
Plaintiff, Otter Products, LLC, d/b/a OtterBox, by and through its attorneys,
alleges against Defendant, Mean Cat Creations Co., as follows:
THE PARTIES
1.
Plaintiff, Otter Products, LLC, d/b/a OtterBox (OtterBox or
Defendant), is a Colorado limited liability company with a principal place of business

at 209 Meldrum Street, Fort Collins, Colorado 80521.
2.
Upon information and belief, Defendant, Mean Cat Creations Co. (Mean
Cat or Defendant), is a Minnesota corporation with a principal place of business at

15714 50th Place, Plymouth, Minnesota 55446.
JURISDICTION AND VENUE
3.
This is a civil action seeking judgement of (1) patent infringement arising
under the Acts of Congress relating to patents, 35 U.S.C. 271, 281-285; (2) copyright
infringement under the Copyright Act of 1976 as amended (Copyright Act), 17 U.S.C.
101 et seq.; (3) trademark infringement, trade dress infringement, and unfair
competition under the Trademark Act of 1946, as amended, 15 U.S.C. 1051 et seq.
(Lanham Act); and (4) trademark infringement and unfair competition under the laws
of the state of Minnesota.
4.
This Court has subject matter jurisdiction under 15 U.S.C. 1121 and 28
U.S.C. 1331 and 1338(a)-(b). This Court has supplemental jurisdiction over
OtterBoxs state law claims under 28 U.S.C. 1367(a).
5.
The matter in controversy in this action exceeds the sum or value of
$75,000, exclusive of interest and costs. Therefore, this Court also has jurisdiction over
this action pursuant to 28 U.S.C. 1332.
6.
Personal jurisdiction and venue in this District are proper under 28 U.S.C.
1391 and 1400. Upon information and belief, Mean Cat has its principal place of
business in this district and a substantial part of the events giving rise to the claims
asserted in this lawsuit occurred in this district.
FACTUAL ALLEGATIONS
OtterBoxs Well Known DEFENDER SERIES Branded Products
7.
OtterBox designs and markets protective cases for portable electronic
devices, including cell phones and tablets, that enable full functionality and interactivity
under virtually any condition encountered in daily life. The DEFENDER SERIES brand
name is inspired by the protection and operability of portable electronic devices in rugged
conditions.
8.
OtterBox filed for registration of its DEFENDER SERIES mark on July 10,
2010. Since at least as early as 2011, it has been using the DEFENDER SERIES mark as
its brand name to sell cases, covers and accessories for portable electronic devices.
9.
OtterBox has obtained multiple federal registrations for its DEFENDER
SERIES mark, including U.S. Trademark Registration Nos. 3,623,789 and 4,616,874.
Copies of these registration certificates are attached hereto as Exhibits A and B
respectively.
10.
OtterBox has also obtained U.S. Registration No. 4,293,603 for a yellow,
rounded rectangle mark, as depicted below:
(the Yellow Rectangle Design mark). A copy of the registration certificate for the
Yellow Rectangle Design mark is attached hereto as Exhibit C.
11.
Attached as Exhibit D is a print-out from the OtterBox.com online retail
store showing a DEFENDER SERIES branded product for sale and demonstrating how
the DEFENDER SERIES mark and Yellow Rectangle Design mark are used in
connection with OtterBox products.
12.
The DEFENDER SERIES branded products are available nationwide at
retail stores and online, including otterbox.com and amazon.com. The products are sold
at retail for between $59.95 and $89.95.
13.
OtterBox promotes and sells its DEFENDER SERIES branded products to
consumers of electronic devices, including phones and tablets. The marketing materials
and packaging for the DEFENDER SERIES branded products also includes the Yellow
Rectangle Design mark. All marketing and promotion of the DEENDER SERIES Mark
and Yellow Rectangle Design mark highlights these well-known, if not famous, marks to
tell consumers who sells the product.
14.
OtterBox has invested millions of dollars advertising the DEFENDER
SERIES mark and Yellow Rectangle Design mark in the United States and worldwide.
The marks have accumulated considerable goodwill as a result of OtterBoxs immense
success in the market for protective covers and cases for portable electronic devices.
OtterBoxs products, including its DEFENDER SERIES branded products, have been the
best-selling cases in the United States for several years.
15.
OtterBoxs products sold under the DEFENDER SERIES mark and Yellow
Rectangle Design mark have received multiple awards, including the Mashable Choice
Award 2013, the Backpacker 2013 Editors Choice Award, the Field & Stream 2013 Best
of the Best Award, the CTIA 2013 Best of Show Award, the About.com 2013 Readers
Choice Award, the Parent Tested Parent Approved Award, the Impulse Gamer Editors
Choice Award, the National Geographic Gear of the Year 2012 Award, the Gear Junkie
Top Gear of 2012 Award, the IFA 2012 Best Accessory Award, the CES 2012 Innovation
Award, and the Mens Journal Gear of the Year 2012 Award.
16.
Consequently, consumers throughout the United States have come to
recognize the DEFENDER SERIES mark and Yellow Rectangle Design mark in the
marketplace. These marks are highly associated with OtterBoxs brand. Consumers
perceive the DEFENDER SERIES mark and Yellow Rectangle Design mark as
important, well-known trademarks owned by OtterBox. The consuming public knows
the products sold in connection with these marks come from OtterBox.
The OtterBox Packaging Trade Dress
17.
The intellectual property associated with OtterBoxs products also includes
a trade dress on the packaging (Otterbox Packaging Trade Dress). OtterBox began use
of the OtterBox Packaging Trade Dress in 2012. The OtterBox Packaging Trade Dress is
used consistently in the packaging of OtterBoxs products. This distinctive trade dress
consists of a rectangular plastic package where part of the front face of the packaging is
clear and part of the packaging contains images, product information and brand identifies,
including the DEFENDER SERIES mark and Yellow Rectangle Design mark. The side
panels of the box are yellow and include product series identifiers. The rear face of the
package is black with rounded square icons depicting product features and yellow and
white text. Images of the OtterBox Packaging Trade Dress are shown below.
18.
The individual features of the OtterBox Packaging Trade Dress, and the
trade dress as a whole, are nonfunctional. Packaging for phone cases can be designed
using many different elements such as lettering, colors, shape, and materials in a variety
of ways without changing the functionality or creating any unfair competitive
disadvantage. Here, the features of the OtterBox Packaging Trade Dress do not affect the
use or purpose of the packaging or cases in the packaging. For example, the packaging
trade dress does not make the packaging more affordable or higher in quality.
19.
Protecting the OtterBox Packaging Trade Dress does not put competitors at
a significant non-reputational related advantage, as any other number of packaging

designs would achieve the same functionto present mobile electronic device
accessories at retail.
20.
The OtterBox Packaging Trade Dress serves the purpose of identifying and
distinguishing the OtterBox products from products of other sellers. The visual
appearance created by the OtterBox Packaging Trade Dress is inherently distinctive. The
unique, arbitrary and non-functional features of the OtterBox Packaging Trade Dress has
caused the trade dress to acquire and take on secondary meaning in the minds of
customers, resulting in a belief that the OtterBox Packaging Trade Dress designates a
single source of origin.
21.
OtterBox has invested millions of dollars in marketing the OtterBox
Packaging Trade Dress in the United States and worldwide. The trade dress has
accumulated considerable goodwill as a result of OtterBoxs immense success in the
market for protective covers and cases for portable electronic devices. As stated earlier,
OtterBoxs products, packaged in the claimed trade dress, have been the best-selling
cases in the United States for several years.
22.
As a result, the OtterBox Packaging Trade Dress has secondary meaning.
The claimed packaging trade dress has become associated with the excellent reputation of
OtterBox as a leader in the design, creation, and sale of mobile electronic device
accessories.
OtterBoxs Copyrights
23.
OtterBox also owns copyrights in connection with its products and
packaging. The packaging design for OtterBoxs products comprises copyrightable

subject matter under the laws of the United States and is wholly owned by OtterBox. The
content and artwork in the packaging for OtterBoxs DEFENDER SERIES brand
products is unique and creative, was authored by OtterBox and is subsequently owned by
OtterBox.
OtterBoxs Design Patents
24.
OtterBoxs products, including the case and the holster, are the subject of
numerous design patents registered with the USPTO. On June 11, 2013, United States
Patent No. D683,955 (the 955 patent), entitled HOLSTER, was duly and legally
issued to OtterBox as assignee of the inventors Christopher Melanson and Stephen Wiles.
OtterBox is the owner of the entire right, title, and interest in and to the 955 patent and
has been the owner of the patent since it issued. A copy of the 955 patent is attached as
Exhibit E.
25.
The 955 patent covers an ornament design for a holster. OtterBox has
practiced the 955 patent in connection with the commercialization of its DEFENDER
SERIES products.
26.
On August 5, 2014, United States Patent No. D710,195 (the 195 patent),
entitled HANDLE FOR PACKAGING, was duly and legally issued to OtterBox as
assignee of the inventors Joshua Caldecourt and Arianna Schiff. OtterBox is the owner
of the entire right, title, and interest in and to the 195 patent and has been the owner of
the patent since it issued. A copy of the 195 patent is attached as Exhibit F.
27.
The 195 patent covers an ornamental design for a handle for packaging.
OtterBox has practiced the 195 patent in connection with the commercialization of its
DEFENDER SERIES products.
28.
On September 8, 2015, United States Patent No. D738,365 (the 365
patent), entitled CASE FOR ELECTRONIC DEVICE, was duly and legally issued to
OtterBox as assignee of inventors Christopher J. Melanson and Lee B. Gates. OtterBox
is the owner of the entire right, title, and interest in and to the 365 patent and has been
the owner of the patent since it issued. A copy of the 365 patent is attached as Exhibit
G.
29.
The 365 patent covers an ornamental design for a case for electronic
device. OtterBox has practiced the 365 patent in connection with the commercialization
of its DEFENDER SERIES products.
30.
On April 29, 2014, United States Patent No. D703,530 (the 530 patent),
entitled PACKAGING, was duly and legally issued to OtterBox as assignee of

inventors Joshua Caldecourt and Ariana Schiff. OtterBox is the owner of the entire right,
title, and interest in and to the 530 patent and has been the owner of the patent since it
issued. A copy of the 530 patent is attached as Exhibit H.
31.
The 530 patent covers an ornamental design for packaging. OtterBox has
practiced the 530 patent in connection with the commercialization of its DEFENDER
SERIES products.
32.
entitled CASE FOR ELECTRONIC DEVICE, was duly and legally issued to OtterBox
as assignee of inventors Christopher Melanson and Zachariah Pickett. OtterBox is the
owner of the entire right, title, and interest in the 197 patent and has been the owner of
the patent since it issued. A copy of the 197 patent is attached as Exhibit I.
33.
34.
entitled CASE FOR ELECTRONIC DEVICE, was duly and legally issued to OtterBox
as assignee of the inventors Christopher J. Melanson and Lee B. Gates. OtterBox is the
owner of the entire right, title, and interest in the 654 patent and has been the owner of
the patent since it issued. A copy of the 654 patent is attached as Exhibit J.
35.
Mean Cats Improper Conduct
36.
Upon information and belief, Mean Cat is also a seller of protective cases
for portable electronic devices and related accessories. Mean Cat has targeted OtterBox,
10
a direct competitor, and knocked off OtterBoxs trademarks, trade dresses, copyrights and
patented designs in an attempt to trick consumers into purchasing Mean Cats
iDefender copycat products in lieu of OtterBoxs products.
37.
Mean Cat is presently marketing and selling a mobile device case that it
calls the iDefender. The use of this mark on protective cases for portable electronic
devices infringes OtterBoxs famous DEFENDER SERIES mark. An image of Mean
Cats iDefender product as seen on Amazon.com shows the confusing similarity:
A printout of an Amazon.com listing for an iDefender case is attached hereto as

Exhibit K.
38.
Upon information and belief, Mean Cat is selling at least two versions of
the iDefender products: one version that is sold in packaging that boldly displays the
iDefender name and a second version that mimics OtterBoxs packaging.
11
39.
With regard to the first version, Mean Cats packaging and phone cases
boldly displays the iDefender name:
40.
These products infringe OtterBoxs 197 Patent and 654 Patent, as shown
below:
12
Patent
Mean Cat
197 Patent
654 Patent
41.
The second set of infringing products is a near counterfeit of OtterBoxs
packaging and products. These iDefender branded products are sold in packaging that
13
bears a replica of OtterBoxs Yellow Rectangle Design mark, an image of which is

shown below:
42.
This second set of infringing iDefender phone cases are packaged and
sold in packaging that is nearly identical to OtterBoxs own packaging as shown below.
43.
These near counterfeit products are replicas of OtterBoxs patented
DEFENDER SERIES branded cases, and infringe OtterBoxs design patents. As shown
below, this second set of infringing iDefender products and packaging are nearly
identical to OtterBoxs own DEFENDER SERIES products and packaging and the
designs covered by OtterBoxs design patents.
14
Patent
OtterBox
365 Patent
955 Patent
15
Mean Cat
530 Patent
195 Patent
44.
Mean Cat has gone so far as to register the mark MCCC IDEFENDER for
cases adapted for mobile phones; cases for mobile phones; cell phone cases with the
U.S.P.T.O. Mean Cat applied to register the MCCC IDEFENDER mark on November
18, 2014, and U.S. Registration No. 4,923,849 was awarded after Mean Cat allegedly
began use of the mark in October of 2015. These dates are well after OtterBox first used
its DEFENDER SERIES mark, and applied for and received registrations for that mark.
45.
Mean Cat sells these infringing cases through the same retail channels as
OtterBoxs DEFENDER SERIES brand products, including but not limited to
16
Amazon.com. Mean Cat sells these cases to OtterBoxs customer basethe general
public.
46.
The quality of Mean Cats iDefender products is significantly lower than
OtterBoxs DEFENDER SERIES branded products. Evidence of the poor quality, and
confusion with OtterBoxs brand names and products, is shown in several customer
comments recorded on Amazon.com, excerpts of which are repeated below:
Copies of these consumer comments found on Amazon.com are attached hereto as

Exhibit L.
47.
Mean Cats unauthorized use of the iDefender mark, a replica of the
Yellow Rectangle Design mark, the OtterBox Packaging Trade Dress, OtterBox
copyrights and patented designs (collectively the OtterBox Intellectual Property) is
enabling Mean Cat to trade on and receive the benefit of goodwill built up at great labor
and expense by OtterBox over many years, and to gain acceptance for its products not
solely on Mean Cats own merits, but on the reputation and goodwill of OtterBox and its
Intellectual Property.
48.
Mean Cats unauthorized use of the OtterBox intellectual property has
unjustly enriched and will continue to unjustly enrich Mean Cat at OtterBoxs expense.
17
Without compensating OtterBox for its use of the OtterBox Intellectual Property, Mean
Cat has obtained and will continue to obtain benefits from OtterBox which have caused
and will continue to cause significant harm to OtterBox and will continue to lead to
financial gain to Mean Cat through its sales of cases as identified in this Complaint.
Mean Cat voluntarily acquired and continues to voluntarily acquire these benefits with
full knowledge of the same.
49.
Mean Cats unauthorized use of the OtterBox Intellectual Property in
commerce removes from OtterBox the ability to control the nature and quality of
products, and places the valuable reputation and goodwill of OtterBox in the hands of the
Mean Cat, over whom OtterBox has no control.
50.
Mean Cat has had constructive notice of OtterBoxs superior rights in its
DEFENDER SERIES mark and other intellectual property based on OtterBoxs

registration of the same.
51.
Mean Cat has had constructive notice of the asserted patents based on
OtterBoxs virtual patent marking under 35 U.S.C. 287(a).

52.
Mean Cat has had actual notice of OtterBoxs DEFENDER SERIES mark,
and the asserted patents since at least September 30, 2015, when OtterBoxs counsel sent
a cease and desist letter to Mean Cats CEO and Mean Cats counsel.
53.
Unless these acts of Mean Cat are restrained by this Court, they will
continue, and they will continue to cause irreparable injury to OtterBox and to the public
for which there is no adequate remedy at law.
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Claim I
Direct Patent Infringement of OtterBoxs Design Patents Under 35 U.S.C. 271
54.
OtterBox repeats and incorporates by reference the allegations of
Paragraphs 1 53, as if fully set forth herein.

55.
OtterBox is the assignee of the 955 patent, the 195 patent, the 365 patent,
the 530 patent, the 197 patent, and the 654 patent (collectively the Asserted Patents).
OtterBox continues to hold all rights and interest in the Asserted Patents.
56.
OtterBox provided actual notice to Mean Cat of its infringement at least as
early as September 30, 2015.

57.
Mean Cat has infringed and continues to infringe the asserted patents by
making, using, offering to sell, or selling in the United States, products and packaging
that infringes the ornamental designs covered by the Asserted Patents in violation of
U.S.C. 271, including but not limited to Mean Cats iDefender product.
58.
Mean Cat infringes the Asserted Patents because, in the eye of an ordinary
observer, giving such attention as a purchaser usually gives, the designs covered by the
Asserted Patents and the designs Mean Cats iDefender product and packaging are
substantially the same, the resemblance being such as to deceive an ordinary observer,
inducing said observer to purchase on supposing it to be the other.
59.
Mean Cats acts of infringement of the Asserted Patents were undertaken
without authority, permission, or license from OtterBox.

60.
Mean Cats infringement has damaged and continues to damage and injure
OtterBox. The injury to OtterBox is irreparable and will continue unless and until Mean
Cat is enjoined from further infringement.
19
61.
OtterBox is entitled to a complete accounting of all revenue and profits
derived by Mean Cat from the unlawful conduct alleged herein, including without
limitation, Mean Cats total profit pursuant to 35 U.S.C. 289.
62.
Mean Cat has engaged and is engaging in willful and deliberate
infringement of the Asserted Patents. Such willful and deliberate infringement justifies
an increase of three times the damages to be assessed pursuant to 35 U.S.C. 284 and
further qualifies this action as an exceptional case supporting an award of reasonable
attorneys fees pursuant to 35 U.S.C. 285.
Claim II
Copyright Infringement Under 17 U.S.C. 501 et seq.
63.

64.
The iDefender product packaging infringes OtterBoxs copyright rights
in OtterBoxs packaging designs because Mean Cat copied OtterBoxs copyrighted

packaging and Mean Cats iDefender product packaging is substantially similar, if not
identical, to OtterBoxs copyrighted packaging.
65.
Mean Cat knowingly and willfully, and without OtterBoxs permission,
copied OtterBoxs copyrighted packaging design and created derivative works from the
packaging design.
66.
Upon information and belief, Mean Cat copied OtterBoxs copyrighted
packaging design with full knowledge of OtterBoxs copyrights in the packaging design.
67.
Mean Cat has distributed copies and/or derivative works of OtterBoxs
copyrighted packaging design to its customers.

20
68.
As a result of Mean Cats acts, OtterBox has suffered compensable
damages and lost profits in an amount yet to be determined. OtterBox is entitled to an

award of disgorgement of Mean Cats profits from the sale of products using the
infringing packaging, and OtterBoxs lost profits.
69.
Mean Cats continued infringement of OtterBoxs copyrighted packaging
design is causing OtterBox and will continue to cause OtterBox irreparable injury as to
which OtterBox has no adequate remedy at law unless Mean Cat is enjoined from
infringing OtterBoxs copyrights.
Claim III
Federal Trademark Infringement Under 15 U.S.C. 1114
70.

71.
OtterBox owns U.S. Registration Nos. 3,623,789 and 4,616,874 for the
DEFENDER SERIES mark, and U.S. Registration No. 4,293,603 for the Yellow
Rectangle Design mark.
72.
Mean Cats use of the iDefender mark and a yellow rectangle logo on its
products and packaging, and advertising and promotions relating to the same, is likely to
cause confusion, mistake, or deception as to origin, sponsorship, or approval with
OtterBox and OtterBoxs registered marks, and therefore constitutes federal trademark
infringement in violation of 15 U.S.C. 1114(1).
73.
As a result of Mean Cats conduct, OtterBox has suffered and continues to
suffer damages including, without limitation, the loss of sales OtterBox would have made
21
but for Mean Cats acts, in an amount to be proven at trial and the loss of goodwill and
exclusivity in OtterBoxs OtterBox Marks.
74.
As a direct and proximate result of Mean Cats above-described conduct,
Mean Cat has been unjustly enriched and should be ordered to disgorge any and all
profits earned as a result of such unlawful conduct.
75.
Unless enjoined by this Court, Mean Cats above-described conduct will
cause irreparable injury, for which OtterBox has no adequate remedy at law, in the nature
of injury to the reputation and goodwill of OtterBox as well as confusion and deception
among customers. OtterBox is entitled to injunctive relief pursuant to 15 U.S.C. 1116.
76.
Mean Cats actions were taken in willful, deliberate, and/or intentional
disregard of OtterBoxs rights. OtterBox is entitled to recover enhanced damages,

OtterBoxs attorneys fees, and the costs of this litigation pursuant to 15 U.S.C. 1117.
Claim IV
Rectification Of U.S. Trademark Register Under 15 U.S.C. 1119
77.
Otterbox repeats and incorporates by reference the allegations of
paragraphs 1 76, as if fully set forth herein.

78.
Mean Cats U.S. Trademark Registration No. 4,923,849 for the mark
MCCC IDEFENDER in connection with cases adapted for mobile phones; cases for
mobile phones; cell phone cases damages OtterBox as it infringes OtterBoxs own
trademark registrations for DEFENDER SERIES, U.S. Trademark Registration Nos.
3,623,789 and 4,616,874, and diminishes the value of those registrations.
22
79.
Allowing Trademark Registration No. 4,923,849 to remain on the federal
register would cause injury and damage to OtterBox as it would place a cloud upon
OtterBoxs lawful right to use its DEFENDER SERIES mark and related registrations.
80.
OtterBox is entitled to have U.S. Trademark Registration No. 4,923,849
cancelled and an Order issued by the Court to the United States Patent and Trademark
Office instructing the same.
Claim V
Federal Unfair Competition Under 15 U.S.C. 1125(a)
81.

82.
The acts of Mean Cat complained of herein constitute unfair competition
and false designation of origin in violation of Section 43(a) of the Lanham Act, 15 U.S.C.
1125(a).
83.
In addition, Mean Cats use of the iDefender Mark and a yellow rectangle
design mark in its advertising, promotion, packaging, and on the products it sells is likely
to cause confusion, mistake, or deception as to origin, sponsorship or approval with
OtterBox and OtterBoxs DEFENDER SERIES mark and Yellow Rectangle Design
mark, and therefore constitutes federal unfair competition and trademark infringement in
violation of 15 U.S.C. 1125(a).
84.
Mean Cats activities are likely to cause confusion, mistake, or deception
among purchasers and/or users of the parties goods as to the source or origin and/or as to
any sponsorship or affiliation between, or endorsement by, OtterBox and Mean Cat, all in
violation of 15 U.S.C. 1125.
23
85.
As a result of Mean Cats conduct, OtterBox has suffered and continues to
suffer damages including, without limitation, the loss of sales OtterBox would have made
but for Mean Cats acts, in an amount to be proven at trial and the loss of goodwill and
exclusivity in OtterBoxs DEFENDER SERIES mark and Yellow Rectangle Design
mark.
86.
As a direct and proximate result of Mean Cats above-described conduct,
Mean Cat has been unjustly enriched and should be ordered to disgorge any and all
profits earned as a result of such unlawful conduct.
87.
Unless enjoined by this Court, Mean Cats above-described conduct will
cause irreparable injury, for which OtterBox has no adequate remedy at law, in the nature
of injury to reputation of goodwill of OtterBox as well as confusion and deception among
customers. OtterBox is entitled to injunctive relief pursuant to 15 U.S.C. 1116.
88.
disregard of OtterBoxs rights. OtterBox is entitled to recover actual and enhanced

damages or Mean Cats profits, OtterBoxs attorneys fees, and the costs of this litigation
pursuant to 15 U.S.C. 1117.
Claim VI
Trade Dress Infringement Under 15 U.S.C. 1125(a)
89.

90.
OtterBox has protectable trade dress in the configuration and design of its
packaging as identified above as the OtterBox Packaging Trade Dress.
24
91.
OtterBox has used the OtterBox Packaging Trade Dress consistently in
commerce since at least as early as 2012 in connection with packaging for cases for
mobile electronic devices and related accessories. The OtterBox Packaging Trade Dress
is distinctive and specifically identifies OtterBoxs business in the mind of its customers.
92.
Mean Cat has been offering to sell and selling cases for mobile devices in
packaging that is confusingly similar to OtterBoxs protectable and distinctive Trade

Dress without OtterBoxs consent.
93.
Mean Cats continued sale of mobile electronic devices and related
accessories in packaging that is virtually identical to the OtterBox Packaging Trade Dress
is likely to cause confusion, mistake, or deception as to the source of origin of such
products, and customers and potential customers of the same are likely to believe that
Mean Cats products are provided by, sponsored by, approved by, licensed by, or affiliate
with or associated with OtterBox when that is not true. This activity violates 15 U.S.C.
1125(a).
94.
Mean Cats activities have had and will continue to have a substantial
adverse effect on OtterBoxs existing and future business, as well as the goodwill
OtterBox enjoys in its trade dress and product packaging configuration.
95.
As a direct and proximate result of this likely confusion, mistake, or
deception, OtterBox has suffered and will continue to suffer actual damage and
irreparable harm if Mean Cats conduct is not enjoined. OtterBoxs harm cannot be
adequately compensated by money damages.
25
96.
disregard of Mean Cats rights. This case is exceptional under the Lanham Act and
trebled damages are appropriate.
Claim VII
Violation of Minnesota Deceptive Trade Practices Act
97.

98.
This is a cause of action arising under the Minnesota Deceptive Trade
Practices Act, Minn. Stat. 325D.43 et seq. Jurisdiction is founded on 28 U.S.C. 1338
or, alternatively, upon principles of supplemental, pendant, and/or ancillary jurisdiction.
99.
Mean Cats activities complained of constitute violation of the Minnesota
Deceptive Trade Practices Act, Minn. Stat. 325D.43 et seq.

100.
OtterBox has been damaged by the actions of Mean Cat in an amount
which is as yet undetermined.

101.
If the acts of Mean Cat are allowed to continue, OtterBox will continue to
suffer irreparable injury for which it has no adequate remedy at law.

102.
Pursuant to Minn. Stat. 8.31 and 325D.45, OtterBox is entitled to
recover its costs and attorneys fees.

Claim VIII
Trademark Infringement Under Minnesota Common Law
103.
26
104.
The acts of Mean Cat complained of herein constitute trademark
infringement of OtterBoxs DEFENDER SERIES mark, Yellow Rectangle Design mark

and OtterBox Packaging Trade Dress in violation of the common law of Minnesota.
105.
OtterBox is entitled to recover actual and enhanced damages, attorney fees,
the costs of this litigation and injunctive relief.

Claim IX:
Unfair Competition Under Minnesota Common Law
106.

107.
The acts of Mean Cat complained of herein constitute unfair competition
under the common law of Minnesota with respect to OtterBox and its DEFENDER
SERIES mark, Yellow Rectangle Design mark and OtterBox Packaging Trade Dress, in
connection with its mobile electronic devices, related accessories and packaging.
108.
OtterBox is entitled to recover actual and enhanced damages, attorneys
fees, the costs of this litigation and injunctive relief.

PRAYER FOR RELIEF
WHEREFORE, OtterBox respectfully demands that the Court enter an Order:
1.
Preliminarily and permanently enjoining Mean Cat, its officers, directors,
agents, servants, employees, customers and attorneys, and all other persons who are in
active concert or participation with Mean Cat, from:
a. Infringing the asserted patents;
b. from copying OtterBoxs copyrighted packaging design, preparing
derivative works based on the copyrighted packaging design,
27
distributing or offering to distribute the copyrighted packaging design,

and from infringing OtterBoxs copyrights in any way;
c. using the iDefender mark, the yellow rectangle design mark, and any
other mark (whether in word or design form, trade name, company
name, domain name, or designation) that is confusingly similar to
OtterBoxs DEFENDER SERIES mark or Yellow Rectangle Design
mark, or is not at least a safe distance away from those marks, and from
any attempt to retain any part of the goodwill misappropriated from
OtterBox;
d. using packaging bearing a trade dress that is confusingly similar to the
OtterBox Packaging Trade Dress, or is not at least a safe distance away
from the same, and from any attempt to retain any part of the goodwill
misappropriated from OtterBox;
2.
Directing Mean Cat to file with this Court and serve upon OtterBox, within
thirty (30) days after the entry and service on Mean Cat of an injunction, a report in
writing and under oath setting forth in detail the manner and form in which Mean Cat has
complied with the injunction;
3.
Directing the Commissioner of the United States Patent and Trademark
Office that U.S. Registration No. 4,923,849 be cancelled;

4.
Requiring Mean Cat to pay damages under 35 U.S.C. 284, including
treble damages for willful infringement as provided by 35 U.S.C. 284, with interest;
28
5.
Disgorging Mean Cats profits that it may have earned from its
infringement of OtterBoxs copyrights, trademarks or trade dress under 17 U.S.C. 504

and 15 U.S.C. 1117;
6.
Directing Mean Cat to provide to OtterBox a full accounting of all sales of
any profits resulting from Mean Cats activities complain of herein;

7.
Directing Mean Cat to pay damages for copyright infringement, including
enhanced damages, trademark infringement and trade dress infringement under 17 U.S.C.
504 and 15 U.S.C. 1117, with interest;
8.
Enhancing and trebling any damages award based on Mean Cats willful
and intentional infringement of OtterBoxs intellectual property;

9.
Directing Mean Cat to pay the costs of this action (including all
disbursements) and attorneys fees as provided by 35 U.S.C. 285, with interest;

10.
Such other and further relief as this Court may deem just and equitable.
DEMAND FOR JURY TRIAL
OtterBox hereby demands a trial by jury of all issues so triable.

MERCHANT & GOULD P.C.
Dated: November 10, 2016
By:
s/Heather J. Kliebenstein
Heather J. Kliebenstein (#337419)
Eric R. Chad (#388944)
Merchant & Gould P.C.
3200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402-2215
(612) 332-5300
(612) 332-9081 (facsimile)
hkliebenstein@merchantgould.com
echad@merchantgould.com
29
Attorneys for Plaintiff Otter Products, LLC
30
CASE 0:16-cv-03874-JNE-BRT Document 1-1 Filed 11/10/16 Page 1 of 65
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
11/9/2016
Defender Series
Rugged Cases
for iPhone
6/6s11/10/16
| OtterBox
CASE 0:16-cv-03874-JNE-BRT
Document
1-1
Filed
Page 10 of 65
SEARCH
http://www.otterbox.com/en-us/iphone-6s-defender-series
1/3
11/9/2016
Defender Series
Rugged Cases
for iPhone
6/6s11/10/16
| OtterBox
Document
1-1
Filed
Page 11 of 65
2/3
11/9/2016
Defender Series
Rugged Cases
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6/6s11/10/16
| OtterBox
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EXHIBIT E

USO0D683955S
(12) United States Design Patent (10) Patent No.:

Melanson et a].
(45) Date of Patent:
(54) HOLSTER
(56)
(Us)
g8
'
Stephen Wlnes Fort Colhns
Jun. 11, 2013
US PATENT DOCUMENTS
D339,69O S
Inventors: Christopher Melanson, Fort Collins,
*1,
References Cited
(71) Applicant: Otter Products, LLC, Fort Collins, CO
(72)
US D683,955 S
9/1993
Takahashi et a1. ........... .. D3/218
D359,616 S *
6/1995 Ishibashi et a1.
D635,555 S
4/2011
D3/218
Giles .......................... .. D14/217
8,086,285 B2 * 12/2011 McNamara et a1. ..... .. 455/5751

D661,482 S
D661,483 s *
6/2012
Chang et a1. ................. .. D3/218
6/2012 Weller et a1. ................. .. D3/218
* cited by examiner
(73) Ass1gnee: gltgr Products, LLC, Fort Collins, CO
Primary Examiner i Catheri O1iVer_GarCia

(57)
CLAIM
(M)
Term:
The ornamental design for a holster, as shoWn and described.

DESCRIPTION
(21)
Appl' NO': 29/433836
(22)
Flled:
(51)
LOC (9) Cl. ................................................ .. 03-01
FIG- 3 is a from View thereof;

FIG. 4 is a rear VieW thereof;
US Cl
FIG. 5 is a left View thereof;
14 Years
FIG. 1 is a front isometric View of a holster showing our neW
design;
(52)
(58)
Oct 51 2012
FIG. 2 is a rear isometric View thereof;
USPC ......................................................... .. D3/218
FIG. 6 is a right VieW thereof;
Field of Classi?cation Search
MG 715 a toP 6W hereof; and
USPC """""""" " D3018 201 215 219 272C273;
The broken lines immediately adjacent the shaded surfaces
224/240*241, 245, 578, 667, 683, 929*930;

D14/250, 253, 345, 432, 4392440, 217;
represent boundaries of the claimed design. All other broken

lines depict unclaimed environment. The broken lines and
FIG. 8 is a bottom View thereof.
455/575 1*575 8, 379/437 440 446*447

'
'
379/449 455
See application ?le for complete search history.
unshadedregions bounded by the broken lines form no part of

the claimed design.
1 Claim, 6 Drawing Sheets
US. Patent
Jun. 11,2013
Sheet 1 of6
US D683,955 S
US. Patent
Jun. 11,2013
Sheet 2 of6
US D683,955 S
US. Patent
Jun. 11,2013
Sheet 3 of6
US D683,955 S
US. Patent
Jun. 11,2013
Sheet 4 of6
US D683,955 S
US. Patent
Jun. 11,2013
Sheet 5 of6
US D683,955 S
US. Patent
Jun. 11,2013
Sheet 6 of6
US D683,955 S
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
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iPhone 6/6S Case, MCCC

iDefender Heavy Duty Shockproof
Series Case for iPhone 6/6S (4.7")V2 with Built-in Screen Protector/
Holster/ Compatible with all US
Carriers (Opal Purple-Light Teal)
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Protects your iPhone 6/6S (4.7") from 7-foot drops onto

concrete
Touch ID film protect from dirty fingers, retain full
functionality
Included holster double as stand for recordings and
playback
Build-in Anti-scratch screen shield protects touchscreen
Wide charging port opening to fit 3rd party lightning
charging cables
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Heavy-Duty Case for Apple
iPhone 6S (Includes Belt
Clip Holster) Dual Layer
OtterBox Defender Series

4.7-Inch Case for iPhone 6,
Crushed Damson (7750209)
16
OtterBox DEFENDER
iPhone 6/6s Case Frustration-Free Packaging
- HAPPY WAVES
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iPhone 6S Screen
Protector, Maxboost
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Protector For iPhone 6
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Heavy Duty Defender
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Armor Case Cover For
133
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Product Features
Size (LWH): 6.25 inches, 3.25 inches, 1.25 inches

Weight: 4.96 ounces
See more technical details

Product Description
Color:Opal Purple, Light Teal
This case is designed for Apple iPhone 6 (2014 release) and iPhone 6s (2015 release) 4.7 inch only.
Material:
Two-piece internal polycarbonate shell snaps around the iPhone 6/6s while internal foam padding provides cushioning Integrated screen
protector guards against scratches and smudges without affecting touchscreen sensitivity Outer synthetic rubber slip cover wraps around the
inner shell and absorbs impact from drops and bumps Included holster swivels in any direction, clips easily to belts and bags.
Lifetime Warranty
Thank you for your interest in MCCC iDefender products. This Lifetime Warranty applies to physical goods purchased from MCCC iDefender.
The Lifetime Warranty covers any defects in material or workmanship under normal use during the Warranty period. MCCC iDefender will
repair or replace, at no charge, products or parts of a product that proves defective because of improper material or workmanship, under
normal use and maintenance.
MCCC iDefender will either repair the product at no charge, using new or refurbished replacement parts.
The Lifetime Warranty does not cover any problem that is caused by: Conditions, malfunctions or damage not resulting from defects in
material or workmanship. In addition, the Warranty does not cover the replacement or cost of any electronic device or personal property
inside or outside of the MCCC iDefender product.
How to make a Warranty Claim?
Contact us so we may determine the problem and the most appropriate solution for you.
Product Information
Color:Opal Purple, Light Teal
Product Dimensions
6.2 x 3.2 x 1.2 inches
Item Weight
5 ounces
Shipping Weight
5.6 ounces (View shipping rates

and policies)
ASIN
B0174NHSVY
Item model number
IPH-V2
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Top Customer Reviews

Great case that does what it's designed to do
By Amazon Customer on December 3, 2015
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Customer Images
Verified Purchase
I've had a lot of cases for a lot of devices. This is the first that inspired to write a review. This is a great
case, because it does what it's designed to do. If seeing and showing the sleek prettiness of your cell
phone is important to you, this case is not for you. If you need your phone to slide out of the front
pocket of your jeans like butter, look elsewhere. But if you want to protect your phone from slips, falls,
sudden rain and even quarter-size hail storms, not to mention the occasional drink being spilled
directly on it, this is the case for you. In the past two weeks I've slid 30 feet down a slick rock face on
my belly with the phone in my front right pants pocket, my iPhone 6s and I have been rained on and
hailed on, and it's fallen from my ear to concrete (almost a six foot drop). I've even had a whole
martinin spilled directly onto it. And my phone is good as new. It ain't the prettiest case, but it sure
does do what it's designed to do: make sure that when you need your phone it won't be hors de
combat because of the stuff in life that happens to cell phones if you venture outside. And if your
device being pretty is important to you, among the many colors this case is available there's got to be
one that will be sufficiently eye catching.
2 Comments
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Most Recent Customer Reviews

... here earlier than expected and
this phone case is amazing.
Package got here earlier than expected and this
phone case is amazing.
Published 22 hours ago by Amy James
This is One Strong Case
Case holds up well to being dropped
By Lee on December 7, 2015

Color: Black, Black
Verified Purchase
This is one strong case. It reminds me Otterbox case. It comes in two pieces - a case and the holster. I
like that both pieces are made of very thick plastic and rubber. It is an all matte finish. The case fits on
the iPhone 6S snugly and does have an overhang around the whole front edge to better protect the
screen. The back has raised rubber pads that gives it more bulk. I like that there is a window at the
back so you can still see the apple logo. All the buttons works well and all the ports have enough
space to be able to fit the headphones and charging cable. The case also comes with a flip up stand.
The viewing angle is just right.
The holster is well constructed with a built in clip so you can attach this to your belt. The clip can rotate
360 degrees so you can basically position this any way you want.
Comment
Yes
No
Report
but water gets ...

Case holds up well to being dropped but water gets
under the screen protector somehow and the clips are
incredibly difficult to get apart.
Published 22 hours ago by mollie
Five Stars
Great price - works great too!
Published 2 days ago by Martha Sue Pierson
Phone cover
Love it an need it as iam a klutz!
Published 6 days ago by Linda Sue
abuse
Good product
Perfect case
By Kel on December 12, 2015

Color: Gunmetal Grey, White
Verified Purchase
I decided to get a new iDefender case because my old iDefender case was getting old and was
causing the screen to be less responsive to touch.
I had purchased this item for my teenage daughter's

iPhone6. She was requesting another brand, but then
came across this case which appeared to be the same
as the one she... Read more
Published 7 days ago by Joe M.
AMAZING
The new case is great and I noticed little changes like now there's small symbols for volume and power
buttons, auxiliary cord and charger. That's cool for someone who is new to the iPhone.
I have the Iphone 6! This phone case fits beautifully,

also delivery was super fast. I got the light blue/black
one and it is absolutely amazing. Read more
The packing was great and so I really can't complain about the product.
Published 8 days ago by Amazon Customer
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No
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As good or better than Otterbox

Super durable! The first one lasted a good two years
working in a farm environment. Great price!
Beautiful case, excellent craftsmanship
Published 12 days ago by kyeoj
By Amazon Customer on November 22, 2015

Color: Black, Light Teal
Four Stars
Verified Purchase
This is my 2nd case from MCCC iDefender, bought the 1st at Best Buy for $39.99. Great deal here at
Amazon. Beautiful case, excellent craftsmanship, perfect fit on my iPhone 6S and I love the looks of it.
Highly recommend it to anybody, you will not be disappointed.
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No
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Very Sturdy!
Published 15 days ago by Amazon Customer
Five Stars
these covers are well worth the money...i have
purchased 3 for 3 phones (one for a child)
Published 20 days ago by skeri
MCCC iDefender Heavy Duty Shockproof Series iPhone 6 Case - Great Case!!!
By Jim A on December 25, 2015
Color: Light Teal, Aqua Blue
Verified Purchase
I've had a lot of low end and high end smart phone cases. Some were good and some not so good. I
needed a new case for a new iPhone 6 I had just purchased for my daughter. In the past, she has
cracked screens and spilled liquid on her smart phones. I was tired of expensive phone repairs and
replacing phones. This case is just the ticket! It is such a great value.
Four Stars
I like it. It seems to hold moisture under the screen.
Published 23 days ago by Pam Lee
Search Customer Reviews
*** Features Include ***

-Two-piece internal polycarbonate shell
-Internal foam padding provides cushioning
-Integrated screen protector
-Outer synthetic rubber slip cover
-Included holster and belt clip
-Lifetime Warranty
-Multiple Color Choices
Overall, the MCCC iDefender Heavy Duty Shockproof Series case is a great case for the money. It
rivals the high dollar Otterbox cases that cost two to three times as much. Item was packaged well. It
was delivered sooner than expected.
The polycarbonate shell installed easily with just a very slight gap in a few places around the edges.
The internal foam offers every day abrasion resistance to the phone's outer surfaces. The integrated
screen protector seems pretty robust and doesn't affect the functionality of the touch screen. The outer
rubber skin fits perfectly. All of the sealing edges sealed up nicely. The charging port and headphone
jack port flaps fit very tightly and seem robust. The holster with the belt clip is a nice added feature. I
am not sure how much I would use it. The slim design of the case makes it easy to slip the phone into
my pants pocket. I would recommend this high quality case to anyone who is looking to protect their
kid's expensive smart phone from damage from dropping or liquid spills. Read more
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No
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5 Starts!
By Amanda on December 13, 2015
Color: Black, Black
Verified Purchase
Got this for my husband. ( I have one for for my phone.) He is rough on phones but this works great
and for the price is an awesome buy! I plan to get us each another so we can change the colors out. At
this price you can do that!
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Very comparable to otter box!

By Rynae on December 3, 2015
Color: Teal, White
Verified Purchase
Great especially for the price!

Comment
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No
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This thing is a piece of garbage. the plastic already broke and it does NOT ...
By Linda h. on December 28, 2015
Verified Purchase
This thing is a piece of garbage. the plastic already broke and it does NOT fit my iPhone 6s! It didn't
snap in all the way. I'm sending it back and I better get a full refund no shipping charges deducted!
Also it's hardly a rubber exterior and the plastic like I said already broke. It hasn't been dropped and
I'm lucky this thing didn't break my phone. Not worth it! Spend the extra $ and buy a real outterbox.
Wish I could give this thing a 0
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EXHIBIT L
1G'12/2016 Amazon.com:
Customer
Reviews: iPhone 6168 Case, MCCC
iDefender Heavy
Duty Shockproof
Series Case for
iPhone62
6168of
(4.7"}-V2
CASE
0:16-cv-03874-JNE-BRT
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1-1
Filed 11/10/16
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56 people found this helpful
9 people found this helpful
Great case that does what it's
The description says that this
designed to do
case is for an iphone ...
By Amazon Customer on December 3, 2015
By Amanda McKinney on January 11, 2016
I've had a lot of cases for a lot of devices. This is
The description says that this case is for an
the first that inspired to write a review. This is a
iphone 6/6S but when I received it my phone,
great case, because it does what it's designed to
which is a 6S, did not fit. I realized that the box
do. If seeing and showing the sleek prettiness of
said it was for an iphone 6 (not 6S). The
your cell phone is important to you, this case is
description on Amazon is not correct, the case in
not for you. If you need your phone to slide out of
these colors is only made for a 6 as far as I can
the front pocket of your jeans like butter, look
tell by going directly to their website.
Read more
Sort
Filter
by:
by:
Verifi. ..
I[
1 sta ...
I[ All fo...
Keyword
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Questions? Get fast answers from

reviewers
What do you want to know about iPhone 6/6S
Case, MCCC iDefender Heavy Duty
Showing 1-10 of 56 reviews (1 star, verified purchases). Show all reviews

The description says that this case is for an iphone ...
Shockproof Series Case for iPhone 6/6S

See all 39 answered questions
By Amanda McKinney on January 11, 2016

Color: Deep water Blue, Cttron Green
Verified Purchase
The description says that this case is for an iphone 6/6S but when i received it my phone, which is a 6S, did not
Customers also viewed these items
fit. I realized that the box said it was for an iphone 6 (not 6S). The description on Amazon is not correct, the
case in these colors is only made for a 6 as far as I can tell by going directly to their website.
Comment
9 people found this helpful. Was this review helpful to you? ~ ~ Report abuse
iPhone 6S case, Febe Heavy

Duty Defender High Impact
Dirt/Shockproof Armor Case
This thing is a piece of garbage. the plastic already broke and It does NOT ...
Cover...
By Linda h. on December 28, 2015
by Febe
$15.99
Verified Purchase
133
This thing is a piece of garbage. the plastic already broke and it does NOT fit my iPhone 6s! It didn't snap in all
the way. I'm sending it back and I better get a full refund no shipping charges deducted! Also it's hardly a rubber
exterior and the plastic like I said already broke. It hasn't been dropped and I'm lucky this thing didn't break my
phone. Not worth it! Spend the extra $and buy a real outterbox. Wish I could give this thing a 0

Cover...
by Febe
$14.49
133
Comment
6 people found this helpful. Was this review helpful to you? ~ ~ Report abuse
https://www.amazon.com/MCCC-iDefender-Shockproof-Compatible-Black-Black/product-reviews/80174NHSBY/ref=cm_cr_dp_qt_hist_one?ie=UTF8&filterB...
1/4
10/12/2016 Amazon.com:
Customer
Reviews: iPhone6/6S Case, MCCC
iDefender Heavy
Duty Filed
Shockproof
Series Case for
iPhone6/6S
(4.7'')-V2with
Built-in Sc ...
CASE
0:16-cv-03874-JNE-BRT
Document
1-1
11/10/16
Page
63 of
65
Worst phone case ever
By JG on June 27, 2016

Color: Light Teal, Citron Green
Verified Purchase
Worst phone case ever! Could barely get the case on due to the clasps are so hard to open and close, then
could BARELY GET it out of the case. I don't want a case that I can't even remove without a screwdriver. I have
phone apps that require you remove the case to even use and don't be fooled that this is an Otter Box, like I
was too. I looked up Otter Box phone cases and this was in with the listings, it's my fault I didn't double check
this but still not cool Amazon.
Comment
~ ~ Report abuse
Cover...
by Febe
$15.99
133
By Chococat on January 11, 2016

Cover...
by Febe
Color: Light Teal, Aqua Blue
$15.99
Should not be advertised for iPhone 68!!! ...

Verified Purchase
Should not be advertised for iPhone 6S!!! Does not fit. The depth does not match. The iPhone 6S is 0.2mm
133
bigger in depth than the iPhone 6. Doesn't seem like much but, I almost broke the case trying to squeeze my
phone in. I would give this case 5 stars if it fit my phone. The color and protection is exactly what I want. *sigh* Need customer service? Click here
Seems like the majority of phone case companies are not making slightly larger cases to accommodate the size
difference. They're just slapping on a sticker that says it's for the 6 and 6S.
Comment
Yes
Report abuse
Color shown is inaccurate

By crystalclear on April 5, 2016
Color: Light Teal, Citron Green
Verified Purchase
Color shown is inaccurate. Listed as a light teal with citron. Although we all know that colors can very slightly
because of our computer monitors, this one is so very different that I kept checking my original order and the
box I received to make sure it matched. I thought the picture of the light teal/citron was pretty and feminine,
however what I received is actually a very dark teal with a flourescent lime green. Also the phone case was
already pre-assembled and very hard to take a part and snap back together. It is not something you can easily
take the phone out of. So disappointed that the color shown is very different from what it actually is. Tried to
take pictures to upload but none of the pictures accurately depict the real color.
Comment
Was this review helpful to you? ~ ~ Report abuse

Hard to get off phone, don't use Touch ID film protector
By Lala on September 28, 2016

Color: Opal Purple, Citron Green
Verified Purchase
I would not purchase another one and do NOT recommend this case. The Touch ID film protector piece didn't
last a week, it crumpled up and would not read my finger. So I decided to remove that little piece- well I couldn't
get the case off my phone and ended up having to use a screwdriver to pry it open. I do not plan on putting it
back on my phone after that so there went $20 wasted.
Comment
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No
IReport abuse
Not a great purchase

By Amazon Customer on July 8, 2016
Color: Opal Purple, White
Verified Purchase
Very misleading although I should have paid closer attention to the details. It did not fit the phone well so we
didn't use it. We needed the protection of the otter box defender series for my daughter. I searched for otter box
cases and this is not an otter box. Again, my fault for letting this get by me, but come on Amazon. Don't try to
sneak cheaper junk into my searches. If I am interested in another brand, I'll do a generic search. Not pleased
with this purchase.
Comment
Yes
Report abuse
Not worth it
By slb182 on July 31, 2016
Color: Ocean Blue, Glow Green
Verified Purchase
I've had this case for about a month and its destroyed already. Its seen a few short drops and the one whole
comer shattered already. I've always used otter box defenders and after this experience i'll stick with them. What
a waste.
https://www.amazon.com/MCCC-iDefender-Shockproof-Compatible-Black-Black/product-reviews/B0174NHSBY/ref=cm_cr_dp_qt_hist_one?ie=UTF8&filterB. ..
2/4
Customer
Reviews: iPhaie 6'6S Case, MCCC
i Dsfender Heavy
Duty Filed
Shockproof
Series Case for
i Phone64
6'6Sof
(4.7'')-V2
CASE
0:16-cv-03874-JNE-BRT
Document
1-1
11/10/16
Page
65 with Built-in Sc...
Comment
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What a wasta of money

By DCmama on September 28, 2016
V.rtrled Purcllau
Color: Teal, Whit&
I purchased this case to protect my phone from my two young kids but the case didn' even last 6 months. It
comes with a built in screen protector and the portion that covers the home button ripped apart within 4 months
of use. What a waste of money. I contacted the company and asked for a replacement, but was told that was
not possible. The warTBnty plainly states this: "MCCC iDefandar will rupair or ruplaca, at no charge, products or
parts of a product that proves defective because of improper material or workmanship, under normal use and
maintenance."
But they did not honor it. Do not waste your money. Spend it on a better made case. Very disappointed.
Comment
Was this review helpful to you? ~ ~ Report abuse
VERY disappointed.
By Amazon Customer on March 22, 2016
V.rtfled Purchase
Color: Opal PUrple, Citron Green
It will not snap all the way onto my phone, but when I try to take it off, it has started cracking and breaking. The
screen cover does not sit flat and every time I text I can hear "tap, tap, tap" and it does not always hit the keys.
I would just send it back, except it will coma apart in pieces when I take it off. VERY disappointed.
Comment
Ona person found this helpful. Was this review helpful to you? ~ ~ Report abuse
Pruvious
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Reviews: iPhaie 6'6S Case, MCCC
i Dsfender Heavy
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Shockproof
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6'6Sof
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414
CIVIL COVER SHEET
JS 44 (Rev. 08/16)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Otter Products, LLC
Mean Cat Creations Co.
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:
(c) Attorneys (Firm Name, Address, and Telephone Number)
(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
Heather J. Kliebenstein and Eric R. Chad

Merchant & Gould P.C., Suite 3200, 80 South Eighth St.
Minneapolis, MN 55402
Telephone: 612-332-5300
II. BASIS OF JURISDICTION (Place an X in One Box Only)

1
U.S. Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1
Incorporated and Principal Place

of Business In Another State
Citizen or Subject of a
Foreign Country
Foreign Nation
Click here for: Nature of Suit Code Descriptions.
TORTS
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120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
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(Excludes Veterans)
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195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
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245 Tort Product Liability
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315 Airplane Product
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320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
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362 Personal Injury Medical Malpractice
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440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State
Citizen of Another State
IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT
DEF
1
FORFEITURE/PENALTY
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
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368 Asbestos Personal
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Liability
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385 Property Damage
Product Liability
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510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement
625 Drug Related Seizure

of Property 21 USC 881
690 Other
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422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
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830 Patent
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864 SSID Title XVI
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870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609
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465 Other Immigration
Actions
OTHER STATUTES
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376 Qui Tam (31 USC
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1 Original
Proceeding
2 Removed from
State Court
6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
8 Multidistrict
Litigation Direct File
35 U.S.C. 271, 281-285; 17 U.S.C. 101 et seq. and 15 U.S.C. 1051 et seq.
VI. CAUSE OF ACTION Brief description of cause:
patent infringement, copyright infringement and trademark infringement relating unfair competition and trade dress
CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE
CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:
DEMAND $
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
s/Heather J. Kliebenstein
11/10/2016
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
Print
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JS 44 Reverse (Rev. 08/16)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
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Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
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in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
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Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
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Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
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section for each principal party.
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that is most applicable. Click here for: Nature of Suit Code Descriptions.
V.
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Original Proceedings. (1) Cases which originate in the United States district courts.
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Section 1407.
Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

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CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 1 of 30

IN THE UNITED STATES DISTRICT COURT

DEMAND FOR JURY TRIAL

Mean Cat Creations Co.,

Plaintiff, Otter Products, LLC, d/b/a OtterBox (OtterBox or

Defendant), is a Colorado limited liability company with a principal place of business

Cat or Defendant), is a Minnesota corporation with a principal place of business at

This is a civil action seeking judgement of (1) patent infringement arising

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 2 of 30

The matter in controversy in this action exceeds the sum or value of

OtterBox designs and markets protective cases for portable electronic

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 3 of 30

OtterBox has obtained multiple federal registrations for its DEFENDER

rounded rectangle mark, as depicted below:

Attached as Exhibit D is a print-out from the OtterBox.com online retail

The DEFENDER SERIES branded products are available nationwide at

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 4 of 30

OtterBox promotes and sells its DEFENDER SERIES branded products to

OtterBox has invested millions of dollars advertising the DEFENDER

Consequently, consumers throughout the United States have come to

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 5 of 30

The intellectual property associated with OtterBoxs products also includes

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 6 of 30

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 7 of 30

a significant non-reputational related advantage, as any other number of packaging

OtterBox has invested millions of dollars in marketing the OtterBox

As a result, the OtterBox Packaging Trade Dress has secondary meaning.

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 8 of 30

OtterBox also owns copyrights in connection with its products and

packaging. The packaging design for OtterBoxs products comprises copyrightable

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 9 of 30

On September 8, 2015, United States Patent No. D738,365 (the 365

entitled PACKAGING, was duly and legally issued to OtterBox as assignee of

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 10 of 30

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 11 of 30

A printout of an Amazon.com listing for an iDefender case is attached hereto as

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 12 of 30

boldly displays the iDefender name:

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 13 of 30

The second set of infringing products is a near counterfeit of OtterBoxs

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 14 of 30

bears a replica of OtterBoxs Yellow Rectangle Design mark, an image of which is

These near counterfeit products are replicas of OtterBoxs patented

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 15 of 30

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 16 of 30

OtterBoxs DEFENDER SERIES brand products, including but not limited to

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 17 of 30

The quality of Mean Cats iDefender products is significantly lower than

Copies of these consumer comments found on Amazon.com are attached hereto as

Mean Cats unauthorized use of the iDefender mark, a replica of the

Mean Cats unauthorized use of the OtterBox intellectual property has

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 18 of 30

Mean Cats unauthorized use of the OtterBox Intellectual Property in

DEFENDER SERIES mark and other intellectual property based on OtterBoxs

OtterBoxs virtual patent marking under 35 U.S.C. 287(a).

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 19 of 30

OtterBox repeats and incorporates by reference the allegations of

Paragraphs 1 53, as if fully set forth herein.

OtterBox provided actual notice to Mean Cat of its infringement at least as

early as September 30, 2015.

Mean Cats acts of infringement of the Asserted Patents were undertaken

without authority, permission, or license from OtterBox.

CASE 0:16-cv-03874-JNE-BRT Document 1 Filed 11/10/16 Page 20 of 30

OtterBox is entitled to a complete accounting of all revenue and profits