Legal Dispute Over "Crystal Bar" Trademark in UK court

Dec.13.2024
Legal Dispute Over "Crystal Bar" Trademark in UK court
E-cigarette brand SKE faces legal battle over "Crystal Bar" name, challenging UK IPO's decision to allow Bargain Busting trademark registration.

According to The Grocer's report on December 12th, e-cigarette brand SKE is facing a legal lawsuit due to the use of the name "Crystal Bar" in its products.


SKE has filed an appeal to the UK High Court, challenging a previous ruling from the Intellectual Property Office (IPO) that allowed the UK wholesaler Bargain Busting to proceed with registering their "Crystal Bar" trademark application from 2022.


In addition, Bargain Busting has filed a trademark infringement lawsuit against SKE in the High Court.


SKE initially objected to the application for release, claiming that Bargain Busting knew that it had already been using this name and intentionally submitted the application to "disrupt" its business. SKE accused wholesale owner Tashmeen Kaur of applying for trademarks used by multiple other e-cigarette brands and called it "opportunistic behavior.


In the newly released Intellectual Property Office (IPO) dispute procedure, SKE argued that it had conducted a "soft launch" of the Crystal Bar device with some retailers and reviewers at an e-cigarette expo held in London in December 2021. However, it failed to convince the officials responsible for the dispute that it had already built up a certain amount of trade and reputation in the UK at this time.


Bargain Busting registered the trademark in May 2022, just a few months after launching.


The Intellectual Property Office (IPO) stated in its ruling that,


The UK trademark system operates on a first-to-file basis. In order to prove prior rights, a party must demonstrate their reputation in the UK on the application date. SKE failed to prove it had a protectable reputation in the UK on the relevant date, leading to the rejection of their objection.


According to reports, the SKE brand uses the name "Crystal" in its full range of disposable, refillable pod, and e-liquid products.


Stephen Lowry, head of trademarks, copyrights, and designs at Brandsmiths, the legal team representing Bargain Busting, stated that the decision from the Intellectual Property Office (IPO) underscores the crucial importance of conducting comprehensive and professional clearance searches before applying for and using trademarks in the market.


Failure to conduct these searches could result in significant legal and financial consequences, including potential infringement claims and the need to re-brand. Due diligence is necessary regardless of the size of the company.


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

Ukrainian Committee Chair Says Nicotine Pouches Should Be Fully Banned for Sale to Minors
Ukrainian Committee Chair Says Nicotine Pouches Should Be Fully Banned for Sale to Minors
Mykhailo Radutskyi, chair of the Verkhovna Rada Committee on National Health, Medical Assistance and Medical Insurance, said nicotine pouches should be fully banned for sale to minors and their advertising should be restricted.
Apr.07 by 2FIRSTS.ai
Exclusive | China Starts Mandatory National Standards Process for Heated Cigarettes and Nicotine Pouches
Exclusive | China Starts Mandatory National Standards Process for Heated Cigarettes and Nicotine Pouches
China has launched mandatory national standards work for heated cigarettes and nicotine pouches, further formalizing regulation of both categories. The move may help lay groundwork for future market entry, but does not signal imminent domestic commercialization.
Apr.15
Panama Seeks Unified Regulation on E-Cigarettes and Heated Tobacco Products, Including Use Restrictions in Public and Private Spaces
Panama Seeks Unified Regulation on E-Cigarettes and Heated Tobacco Products, Including Use Restrictions in Public and Private Spaces
Panamanian authorities are seeking to establish a single regulatory framework aimed at prohibiting the use of e-cigarettes, vaporizers and heated tobacco products in public and private spaces, as well as restricting their advertising and promotion.
Mar.11 by 2FIRSTS.ai
Philippine DTI Says Flavored Vape Products With Minor-Appealing Descriptors Are “100 Percent Smuggled”
Philippine DTI Says Flavored Vape Products With Minor-Appealing Descriptors Are “100 Percent Smuggled”
A Philippine Department of Trade and Industry official told a Senate hearing on vaping regulations that flavored vape products marketed with descriptors attractive to minors are “100 percent smuggled” and did not pass the agency’s licensing process.
Mar.16 by 2FIRSTS.ai
Product | Labeled “Built in the USA” + 33mL Total E-Liquid, iJOY XP100K E-Cigarette Launched in the U.S.
Product | Labeled “Built in the USA” + 33mL Total E-Liquid, iJOY XP100K E-Cigarette Launched in the U.S.
iJOY Launches New IJOY XP100K E-Cigarette on Official Website. The product adopts a combined structure of “pod + power bank + refill e-liquid bottle,” comes pre-filled with 18mL of e-liquid and includes 15mL of refill liquid. It is officially claimed to deliver up to approximately 100,000 puffs, and its packaging bears the wording “BUILT IN THE USA.” It has already gone on sale through some online channels in the United States, with the kit priced at US$19.99.
Apr.08 by 2FIRSTS.ai
Reuters Exclusive: FDA’s Fast-Track Review of Nicotine Pouches Slows Over Youth and New-User Concerns
Reuters Exclusive: FDA’s Fast-Track Review of Nicotine Pouches Slows Over Youth and New-User Concerns
Reuters reported on April 1 that several popular nicotine pouch products still have not been cleared for sale in the United States despite a fast-track review pilot run by the U.S. Food and Drug Administration. Three sources said FDA reviewers have taken a cautious approach because of potential risks to youth and other non-tobacco users, including the possibility of driving nicotine addiction among adults who do not already smoke.
Apr.02 by 2FIRSTS.ai