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

UK Vape Brands Face White-Packaging and Flavour-Name Curbs in Youth-Appeal Crackdown
UK Vape Brands Face White-Packaging and Flavour-Name Curbs in Youth-Appeal Crackdown
The UK government and devolved administrations have launched a 12-week consultation on proposals to make vapes less appealing to children, including plain white packaging, limits on device colours, restrictions on flavour names and changes to how products are displayed in shops.
Jul.10
FDA Proposes Foreign Tobacco Factory Registration Rule to Tighten Import Oversight
FDA Proposes Foreign Tobacco Factory Registration Rule to Tighten Import Oversight
The FDA has proposed a rule requiring foreign tobacco manufacturers to register facilities and list products before exporting to the U.S. If finalized, the rule could affect overseas OEM/ODM factories, contract manufacturers, specification developers, bulk product makers, and repackaging or relabeling firms. FDA says the proposal would help identify unauthorized imported tobacco products, including e-cigarettes.
Special Report
Jun.26
U.S. FDA: Youth E-Cigarette Prevention Campaign Prevented About 444,000 Initiations and Reduced Illegal Vape Sales
U.S. FDA: Youth E-Cigarette Prevention Campaign Prevented About 444,000 Initiations and Reduced Illegal Vape Sales
The U.S. Food and Drug Administration (FDA) said its youth e-cigarette prevention campaign, “The Real Cost,” prevented about 444,000 U.S. youth from starting e-cigarette use between 2023 and 2024 and blocked more than $42 million in unauthorized e-cigarette sales that would have been used by youth.
Market
Jun.25
Minnesota Sues Loon as State Enforcement Targets U.S. Vape Brand Operators
Minnesota Sues Loon as State Enforcement Targets U.S. Vape Brand Operators
Minnesota Attorney General Keith Ellison sued Maduro Distributors, Inc., doing business as Loon, on July 15, 2026, alleging that the company illegally manufactured, distributed and sold flavored vapes that appeal to minors.
Jul.16
Putin Signs Russia’s Tobacco and Nicotine Product Licensing Law, Banning Unlicensed Sales From 2027
Putin Signs Russia’s Tobacco and Nicotine Product Licensing Law, Banning Unlicensed Sales From 2027
Russian President Vladimir Putin has signed a law introducing mandatory licensing for wholesale and retail trade in tobacco and nicotine-containing products, with the system taking effect on October 1, 2026, and unlicensed operations banned from March 1, 2027, while vape and e-liquid retail may also face uncertainty from temporary regional sales-ban powers.
Jul.01
FDA Grants MRTP Orders for 20 ZYN Nicotine Pouches
FDA Grants MRTP Orders for 20 ZYN Nicotine Pouches
The U.S. Food and Drug Administration (FDA) has issued modified risk granted orders to Swedish Match USA for 20 ZYN nicotine pouch products, allowing the already-authorized products to be marketed with a specific claim that using ZYN instead of cigarettes lowers the risk of mouth cancer, heart disease, lung cancer, stroke, emphysema and chronic bronchitis.
Jul.01