Cancellation of "Lady Mary" Trademark Requested by Disposable Manufacturer
According to Law360, disposable e-cigarette manufacturer Lost Mary has requested a UK court to revoke the trademark of UAE-based company "Lady Mary", claiming that the company has not genuinely used it within the five-year period in the UK.
Hong Kong-based companies IMiracle (Heaven Gifts) and Green Fun Alliance have filed a new public lawsuit on December 21st, claiming that Synergy Project Management LLC should lose rights to the "LadyMary" name in the e-cigarette and tobacco market due to its failure to use the trademark to guarantee the origin of its products. IMiracle did not provide further details in the lawsuit.
The company had previously taken legal action to protect its Lost Marye-cigarette and ELFBAR products, which are set to be launched for sales in 2022.
In July, IMiracle (Heaven Gifts) filed a lawsuit against a British competitor for selling an e-cigarette named Found Mary, alleging that it is identical to their own product.
Miracle (Heaven Gifts) has filed dozens of claims related to its ELFBAR product in the United States, accusing at least 13 companies of selling counterfeit products with forged trademarks in Florida courts. In the extensive trademark infringement battle involving over a dozen similar retailers, Smoke Spot FL LLC and Miracle (Heaven Gifts) reached a settlement after submitting a joint motion for dismissal in September.
The ownership dispute over the name "Elf" between Miracle (Heaven Gifts) and American e-cigarette company VPR Brands in the state of Florida is still ongoing.
In October, VPR Brands filed a lawsuit against Georgia-based tobacco store chain Vape Loft, partly in an effort to stop the retailer from selling ELFBAR products manufactured by IMiracle (Heaven Gifts). VPR Brands pointed out that a federal judge in Florida has issued a preliminary injunction, prohibiting the Chinese company from selling ELFBAR brand merchandise.
However, IMiracle (Heaven Gifts) has become embroiled in a lawsuit. These two Chinese companies, along with Vape Loft, have countersued VPR Brands, alleging that the company is selling counterfeit products.
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