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

Philip Morris Challenges Disposable Vape Ban in Swiss Canton, Federal Court to Deliver Key Ruling
Philip Morris Challenges Disposable Vape Ban in Swiss Canton, Federal Court to Deliver Key Ruling
PMI challenges Swiss canton's puff ban in court, citing federal law violations and harm to adult smokers. The case could redefine health policy authority in Switzerland, amid growing national restrictions.
Jun.27 by 2FIRSTS.ai
Philippine Customs Uncovers $700,000 E-Cigarette Smuggling Case Involving Over 80,000 Mislabeled Items
Philippine Customs Uncovers $700,000 E-Cigarette Smuggling Case Involving Over 80,000 Mislabeled Items
On July 31, Philippine Customs seized 81,000 mislabeled e-cigarettes worth $700,000 at Manila Port. The goods face forfeiture for multiple violations, and an investigation is underway. The Health Department warns of e-cigarette health risks and past related deaths.
Aug.01 by 2FIRSTS.ai
Singapore Health Sciences Authority Hiring Investigators for Special Crackdown on Etomidate-containing E-cigarettes
Singapore Health Sciences Authority Hiring Investigators for Special Crackdown on Etomidate-containing E-cigarettes
The Singapore Health Sciences Authority (HSA) has issued a recruitment notice to hire full-time investigators and senior investigators to crack down on e-cigarettes containing etomidate. Duties include arresting users, conducting surveillance of related illegal activities, engaging in international cooperation, and carrying out preventive education.
Aug.15 by 2FIRSTS.ai
China Taiwan conditionally approves first batch of heated tobacco products.
China Taiwan conditionally approves first batch of heated tobacco products.
China Taiwan approves its first batch of heated tobacco products, subject to strict conditions and regulatory oversight.
Jul.31 by 2FIRSTS.ai
U.S. Senators Question FDA’s Approval of JUUL, Demand Full Data and Review Records by Deadline
U.S. Senators Question FDA’s Approval of JUUL, Demand Full Data and Review Records by Deadline
Eight Democratic Senators have written to FDA Commissioner Marty Makary questioning the approval of JUUL e-cigarettes. They demand an explanation for the approval despite JUUL not restricting device access, and request all communications, data, and staff involvement related to JUUL since 2025, with a response deadline of August 22.
Aug.05 by 2FIRSTS.ai
UK Survey: 30% of Retailers Still Face Daily Customer Requests for Disposable E-Cigarettes
UK Survey: 30% of Retailers Still Face Daily Customer Requests for Disposable E-Cigarettes
Despite the ban on disposable e-cigarettes in Scotland, nearly 30% of retailers still face customer requests for these products. The Scottish Grocers Federation (SGF) is urging members to check their stock to avoid accidental sales, expressing concerns over the rise in illegal sales.
Aug.05 by 2FIRSTS.ai