MIAMI – The manufacturers of Gear4 brand cellphone cases are seeking judgment in a trade dress dispute.
Strax Americas Inc., Strax Holding GMBH and Gear4 HK LTD filed a complaint on Dec. 29 in the U.S. District Court for the Southern District of Florida against Tech 21 Licensing LTD and Tech 21 UK LTD seeking declaratory relief.
According to the complaint, the plaintiffs allege that they manufacture cellphone cases. The plaintiffs holds Tech 21 Licensing LTD and Tech 21 UK LTD responsible because the defendants allegedly accused the plaintiffs of trademark infringement despite that their trade dress, a colored strip on the edge of the phone case, is purely ornamental, functional, and/ or aesthetically functional. The plaintiffs allege the colored strips on the defendants' case are comprised of impact technology.
The plaintiffs seek declare that the defendants' purported trade dress is invalid and/ or unenforceable, declare that the defendants do not own the purported trade dress rights, declare that the plaintiffs have not infringed any trade dress rights, all legal fees and any other relief as the court deems just. They are represented by John Cyril Malloy III, Oliver Alan Ruiz and W. John Eagan of Malloy & Malloy PL in Miami.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-25369-RNS