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

Innovation, Insights and Networking: NUBIZ Brings the Global NGP Industry Together in Dortmund
Innovation, Insights and Networking: NUBIZ Brings the Global NGP Industry Together in Dortmund
The market for next-generation products is expanding rapidly, with vapes, e-cigarettes, pouches, snus and heat-not-burn products among the industry’s most innovative segments. As part of InterTabac, NUBIZ provides a central platform for reduced-risk tobacco and nicotine products, bringing together global leaders and newcomers from 15 to 17 September. The show combines market insights, product comparisons, networking, a high-level conference programme and exclusive side events.
Jun.03
Chinese Disposable Brands OXBAR, LYCO Challenge Vuse and JUUL: Pennsylvania’s Pending List Offers a Glimpse of the Future Legal Vape Market
Chinese Disposable Brands OXBAR, LYCO Challenge Vuse and JUUL: Pennsylvania’s Pending List Offers a Glimpse of the Future Legal Vape Market
Pennsylvania’s June 26 ENDS Pending Certifications list previews the state’s future legal vape market, placing Vuse, JUUL and Logic alongside Chinese-linked disposable brands OXBAR and LYCO. Shaped by PMTA eligibility and state rules, the list shows competition shifting from market share to market access.
Special Report
Jul.06
Vape Industry Group Loses Alabama Court Fight as State Tightens Rules on Imported Products
Vape Industry Group Loses Alabama Court Fight as State Tightens Rules on Imported Products
The Alabama Supreme Court affirmed a lower court’s refusal to issue a preliminary injunction blocking the state’s 2025 electronic nicotine delivery systems law, allowing rules requiring covered products to be U.S.-made or FDA-authorized to remain in effect.
Jul.10
Shopify Requires Merchants to Remove All Vape Products by July 8, Reshaping Online Sales Channels
Shopify Requires Merchants to Remove All Vape Products by July 8, Reshaping Online Sales Channels
Shopify has instructed merchants using its web-hosting services to remove vape products from their online stores by July 8, 2026. The policy expands beyond illegal products and applies to all electronic nicotine delivery systems (ENDS), marking a broader shift in online platform oversight of nicotine sales.
Innovation
Jul.14 by 2Firsts Perspectives
Changing Assumptions in U.S. Cigar Consumption: 2Firsts Interviews Cigar Educator Mechelle Merkerson
Changing Assumptions in U.S. Cigar Consumption: 2Firsts Interviews Cigar Educator Mechelle Merkerson
U.S. premium cigar culture is shifting toward education, broader choice and deeper links to craftsmanship and origin, cigar educator Mechelle Merkerson told 2Firsts. She sees boutique brands, women consumers and production-region experiences making knowledge central to cigar participation. For global brands, retailers and emerging markets such as China, education may help turn curiosity into sustained engagement.
Special Report
Jul.06
Global Tobacco Control Faces Regional Adaptation Test as Nicotine Markets Evolve, Asian Specialist Says
Global Tobacco Control Faces Regional Adaptation Test as Nicotine Markets Evolve, Asian Specialist Says
As e-cigarettes, heated tobacco products and nicotine pouches expand across global markets, a central question is gaining urgency: can tobacco control rely on a universal policy model? In an interview with 2Firsts, Asian public health and addiction medicine specialist Dr. Rashidi Mohamed bin Pakri Mohamed says Western experience remains relevant, but policies must be adapted to local culture, healthcare systems, enforcement capacity, illicit markets and clinical evidence.
Jul.08