Nite Ize has had it with counterfeiters and foreign knock-offs and on Tuesday, its newly won exclusionary order from the International Trade Commission goes into effect to help the Boulder-based accessory maker protect its intellectual property.
According to Clint Todd, Nite Ize’s chief legal officer, the order is much more powerful than complaining to a company like Amazon that someone is selling products that look a lot like Nite Ize’s. Amazon takes those listings down, but that doesn’t mean the retailer will prevent similar knockoffs from another seller.
The ITC order would instruct U.S. Customs officers to destroy offending products that are based on the utility patent for, in this case, Nite Ize’s Steelie, a ball-and-socket magnetic smartphone holder for cars.
“The relief we’re asking for is to stop any infringing products from coming in (to the U.S.) no matter who makes them,” Todd said. “It’s a powerful tool and the only tool we have left. We can’t sue Amazon.”
The company spent two years and nearly $1 million to prove that 32 Chinese companies violated the Tariff Act of 1930. Losses, however, could be much more considering the lost sales due to counterfeit Steelie products. The ITC granted the order on Feb. 22, but it took 90 days to go into effect. The company said that it plans to pursue similar orders on its other products.
