Who’s Got The Case? Unfair Competition Suit Between Catalyst Medium Four Inc. (Smartish) and Scooch, LLC

Catalyst Medium Four Inc. (operating as Smartish) has filed a lawsuit against Scooch, LLC, accusing them of unfair competition. Smartish claims that Scooch has been selling mobile phone cases that closely resemble Smartish’s distinctive designs, particularly those from its popular “Wallet Slayer” series. The lawsuit argues that Scooch is trying to take advantage of Smartish’s years of innovation and marketing efforts by selling cases with similar designs and packaging.

According to the Complaint, Smartish, based in Austin, Texas, has been designing and selling mobile phone cases since 2011. The unique design of its “Wallet Slayer” series, with a thumb-out cut on the left for easy pocket access and a card slot on the right, has led consumers to associate this feature with Smartish. The Wallet Slayer has been a key product, with hundreds of thousands of units sold each year, backed by millions spent on advertising across platforms like Amazon, Walmart, and eBay.

Smartish argues that Scooch’s Moneymate case closely mimics the design and look of the Wallet Slayer, creating a risk of consumer confusion. The lawsuit claims that Scooch’s product may mislead customers into thinking it is connected to or endorsed by Smartish. The marketing images used by Scooch are also said to closely resemble those used by Smartish, adding to the potential for confusion.

Smartish has tried to settle the issue outside of court, sending letters to Scooch requesting they stop selling the Moneymate case. However, Smartish claims that Scooch has ignored these requests and continues to release updated versions of the product. The company believes that Scooch’s actions are harming its business and misleading consumers.

In its lawsuit, Smartish is seeking a ruling that Scooch’s actions amount to unfair competition and that the company has acted willfully. Smartish is asking the court to issue an order permanently stopping Scooch from selling the Moneymate case or any similar products and to require Scooch to account for the profits made from these sales. The company is also requesting that any remaining Moneymate inventory be destroyed, along with damages and reimbursement for legal costs.

The case has been assigned to Judge James R. Sweeney II and Magistrate Judge Tim A. Baker in the U.S. District Court of Southern Indiana Case No. 1:24-cv-2246.

Complaint