Federal Court Rules Against Fantasia Distribution in Trademark Dispute

Aug.29.2024
Federal Court Rules Against Fantasia Distribution in Trademark Dispute
Federal judge rules against e-cigarette distributor in trademark lawsuit, allowing industry to freely use "ice" and "iced" descriptors.

According to a report from Vaping 360 on August 29, a federal judge in the United States ruled against e-cigarette distributor Fantasia Distribution in a lawsuit where the company had sued multiple e-cigarette manufacturers for using words like "ice" and "iced" to describe their products. Fantasia had claimed to have protected trademark rights over the terms "ice" and "iced".


Today, on the 29th, Judge Kiyo Matsumoto of the Eastern District Federal Court in New York ruled that the terms "ice" and "iced" are considered generic when used to describe smoking products such as e-cigarettes or vaping devices. Many manufacturers of e-cigarette liquids and disposable e-cigarettes use these words to indicate a cool flavor.


The judge wrote in the ruling that,


Ultimately, Fantasia did not provide any evidence to suggest that 'ice' or 'iced' are specific terms in tobacco products and smoking products such as e-cigarettes, so any rational jury would not support Fantasia.


The judge approved the defendant's motion to cancel the two "Ice" trademarks of Fantasia, allowing e-cigarette manufacturers and retailers to freely use the term without fear of legal action from Fantasia.


Fantasia, based in California, USA, primarily sells hookah products and obtained the "Ice" trademark in 2011 and 2014.


Last year, lawyers claiming to represent Fantasia contacted e-cigarette retailers across the country, threatening legal action if the shops did not cease selling products described as "ice." The cease-and-desist letters sent by these lawyers requested detailed information on past sales of "ice" products, and in some cases, advised settling out of court through cash payments to avoid litigation. It is currently unclear if any e-cigarette stores have agreed to Fantasia's demands.


This trademark lawsuit was filed in 2020, initially listing six defendants: Access Vapor, Cool Clouds Distribution, Limitless Trading Co., Myle Vape, Pop Vapor Co., and Romeo Vapors. The final ruling did not include Myle Vape and Cool Clouds.


We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Philippines DOH reiterates: vaping is not safer than smoking, citing irreversible health risks
Philippines DOH reiterates: vaping is not safer than smoking, citing irreversible health risks
The Philippine Department of Health reiterated Saturday that vaping should not be promoted as an alternative to cigarette smoking, Health Secretary Teodoro “Ted” Herbosa said in a radio interview, according to the Tribune. Herbosa said both vaping and smoking pose irreversible health risks and cited E-cigarette or Vaping Product Use-Associated Lung Injury (EVALI), claiming it led to the death of a 22-year-old male with no smoking history in 2025.
Feb.28 by 2FIRSTS.ai
Arizona Lawmaker Pushes Alternative Nicotine Product Bill as Enforcement Concerns Emerge
Arizona Lawmaker Pushes Alternative Nicotine Product Bill as Enforcement Concerns Emerge
Arizona Representative Jeff Weninger’s HB 4001 is being presented as a new tool to crack down on retailers that sell vaping devices and other nicotine products to minors. The bill would create a licensing system for manufacturers and distributors of “alternative nicotine products” and impose fines for sales to people under 21, with penalties reaching USD 10,000 for a fourth violation within 24 months.
Mar.25 by 2FIRSTS.ai
Cyprus Bill to Regulate Nicotine Pouches Expected to Reach House Plenary in Early April
Cyprus Bill to Regulate Nicotine Pouches Expected to Reach House Plenary in Early April
A proposed law to regulate nicotine pouches in Cyprus is expected to reach the House plenary session in early April. The bill, submitted by Diko MP Chrysis Pantelidis, aims to establish a regulatory framework governing the marketing, composition and quality of nicotine pouches currently circulating on the market and to incorporate them into existing smoking control legislation.
Mar.13 by 2FIRSTS.ai
STG UK refreshes XQS nicotine pouch packaging: new flavour indicators, hitting retail from March
STG UK refreshes XQS nicotine pouch packaging: new flavour indicators, hitting retail from March
Scandinavian Tobacco Group UK (STG UK) has announced a rebrand across its XQS nicotine pouch range. The updated packaging will be visible at retail from March, with the recommended retail price remaining £5.50. The new packs feature a bolder logo and glossy textures, retain nicotine strength indicators, and add a side flavour profile indicator to show the flavour type.
Feb.28 by 2FIRSTS.ai
Surrey councillor calls for tougher vape sales controls, seeking the “most restrictive legally supportable” package
Surrey councillor calls for tougher vape sales controls, seeking the “most restrictive legally supportable” package
Surrey Councillor Gordon Hepner presented a notice of motion calling on council to “wage war on vaping” by strengthening controls on the sale of vaping products in the city, citing vaping as a “serious health concern,” especially among youth. Hepner said the motion directs staff to bring back the “most restrictive legally supportable” package from the City’s 2019 bylaw work to materially reduce where and how vape products can be sold, including licensing controls and enforcement.
Feb.10 by 2FIRSTS.ai
New York Says Seized Illegal Vape Shipment Had Retail Value of USD 2.2 Million to USD 3.5 Million
New York Says Seized Illegal Vape Shipment Had Retail Value of USD 2.2 Million to USD 3.5 Million
New York state health officials said a joint operation last week involving the State Department of Health, Nassau County police and local health officials intercepted about 14 tons of illegal vape products that were intended for local distributors and smoke shops.
Mar.20 by 2FIRSTS.ai