PopSockets LLC v. Fab Cellular LLC et al, Civil Action No. 1:22-cv-04521-SCJ (ND Ga. Nov. 14, 2022)
The collapsible mobile device accessory attached to the back of your phone may be in violation of the Lanham Act. PopSockets LLC is suing Fab Cellular LLC, Fab One Enterprises LLC, and several individually named Defendants for trademark infringement for their protected mark POP and the three-dimensional configuration of the mobile device grip. PopSockets claim that the Defendants infringe these protected trademarks by selling confusingly similar products on popular marketplaces like Amazon. Defendants market and sell mobile phone grips under the name FAB POPS.
PopSockets LLC claims violations for trademark infringement under the Lanham Act Sections 1114 Registration and 1125(a) False Designation of Origin, and seeks attorneys’ fees and a jury trial.
In 2018, the US International Trade Commission (ITC) issued a general exclusion order prohibiting the importation of any similar, collapsible cell phone grip after PopSockets filed a Section 337 complaint against 14 named Defendants. The ITC found the problem so widespread as to merit a general import ban.
The case has been assigned to Judge Steve C. Jones.
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