Marshall Gerstein secured a significant victory for its client
PopSockets LLC at the United States International Trade Commission
(ITC), which last Thursday issued a general exclusion order that
empowers United States Customs and Border Protection to seize all
imported products that infringe PopSockets’ U.S. Patent.
Based in Boulder, Co., PopSockets designs and develops stylish and
functional grips for mobile electronic devices and has been recognized
for its innovation and popularity among celebrities.
With that success however, PopSockets has repeatedly battled
counterfeits, knock-offs and follow-on products that infringe its
intellectual property, including its U.S. Patent No. 8,560,031.
Hundreds, if not thousands, of manufacturers and distributors, copy the
patented elements of PopSockets’ invention and import infringing
products from other countries into the United States for resale.
To combat this widespread infringement, Marshall Gerstein on behalf of
PopSockets filed a complaint with the ITC under Section 337 of the
Tariff Act of 1930, a federal trade law that bars the import of products
that infringe intellectual property rights and, on June 14, 2018, the
ITC found that a general exclusion order is warranted. This order gives
U.S. Customs the ability to stop the importation of infringing products
by any entity, not just those specifically named in PopSockets’ ITC
“The evidence was overwhelming that PopSockets was harmed by these
unfair practices. This is a significant victory for PopSockets,
which now has the ability to work with U.S. Customs to ensure that no
infringing products make it into the country,” said Ben Horton, lead
counsel for PopSockets and chair of Marshall Gerstein’s intellectual
property litigation practice group.
“This is a huge win for our company,” said Kelly Frazier, PopSockets’
Director of Intellectual Property and Brand Protection. “General
exclusion orders are not handed down often by the International Trade
Commission, so this is a very important tool for us to use in our fight
against infringing products entering the United States.”
About Marshall, Gerstein & Borun LLP
Marshall, Gerstein & Borun LLP is exclusively focused on intellectual
property law. The firm provides sophisticated intellectual property
advice and legal services to many of the world’s largest, most
innovative businesses, research institutions, universities, and
entrepreneurs. Chambers & Partners has ranked Marshall, Gerstein as
“first-rate for litigation,” and “one of the best biotechnology
practices in the entire country.” Corporate Counsel magazine
lists the Firm as a “Go-To Law Firm of the Top 500 Companies” for
intellectual property and litigation. The Firm is also ranked as a top
intellectual property law firm by Managing IP, Fortune, Intellectual
Property Today, and Intellectual Asset Management magazines.
Learn more at www.marshallip.com
About PopSockets LLC
PopSockets LLC is a Boulder, Colorado-based company that designs and
manufactures mobile accessories. Its central product, the PopSockets
Grip, is a phone grip and stand that is collapsible, customizable, and
PopSockets was formed in 2012 when philosopher, inventor, founder, and
CEO David Barnett glued two buttons to his cell phone in hopes that they
would help keep his earbuds wrapped and neat. As odd as it looked, the
idea worked. Barnett began experimenting with putting the buttons on
plastic accordions, so that he could pop them out to provide a phone
stand and grip. It was then that Barnett realized he might have that
fabled million-dollar idea.
The first PopSockets Grip was sold on PopSockets.com in January of 2014,
and the company has since experienced incredible growth. In January
2016, PopSockets sold its one millionth grip.
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