Recently, the American synthetic nicotine pouch brand 2ONE Labs announced on its official website that it, along with its distributor Performance Plus Marketing, has filed a trademark infringement lawsuit and a request for a preliminary injunction against two subsidiaries of Imperial Brands PLC, ITG Brands, LLC and Imperial Tobacco Limited, in a federal court in California. The plaintiff accuses the companies of fraudulent behavior.
The defendant, ITG Brands, LLC, headquartered in North Carolina, is the third largest tobacco manufacturer and distributor in the United States and is a standalone subsidiary of Imperial.
The lawsuit alleges that Imperial's "ZONE" product is infringing on the plaintiff's 2ONE® nicotine pouch brand, and claims that this infringement was intentional. The plaintiff is also seeking compensation and requesting the cancellation of the "ZONE" trademark, alleging that the trademark was obtained through fraudulent means by its subsidiary.
2ONE claims that over the past five years, products of the 2ONE® brand have been sold in thousands of convenience stores, grocery stores, and tobacco shops across the United States. However, in 2024, Imperial launched a competing product with a similar name, "ZONE." The lawsuit alleges that Imperial falsely claimed early commercial use of the "ZONE" trademark, deceiving the legitimacy of the trademark.
Vincent Schuman, founder of 2ONE Labs, stated that...
Since the launch of "ZONE" by Imperial in 2024, there have been multiple incidents of consumer confusion. We are committed to combating this blatant infringement, regardless of the size of the company involved.
2ONE and Performance are seeking to cancel the defendant's trademark, recover all profits, and obtain punitive damages.
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