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

Reuters: Shopify May Ban All Vape Sales This Week Amid Illegal Market Crackdown
Reuters: Shopify May Ban All Vape Sales This Week Amid Illegal Market Crackdown
Reuters reported that Shopify may ban all vape products from its platform as soon as this week, signaling that U.S. enforcement against the illegal vape market is expanding from retailers and importers to e-commerce platforms and payment networks.
MarketBAT
Jun.23 by 2Firsts Perspectives
Product | YOOZ Launches Waker Electronic Shisha Device, Expanding Vape Applications Beyond Portable Devices
Product | YOOZ Launches Waker Electronic Shisha Device, Expanding Vape Applications Beyond Portable Devices
YOOZ has introduced the Waker Electronic Shisha device, expanding its vaping portfolio into the electronic shisha category. The device combines a rechargeable hardware platform with dedicated cartridges, featuring a 4,000mAh battery, up to 60W output power, and LED lighting effects. The product has appeared across multiple French retail channels, reflecting the continued expansion of vaping products into new consumption scenarios.
Jul.13
Special Report | Russian Vape Compromise Faces First Hurdles
Special Report | Russian Vape Compromise Faces First Hurdles
Russia’s regional vape-ban model is facing early legal and political tests, as Perm Krai moves ahead before federal legislation is fully adopted. The case highlights uncertainty over regional authority, concerns from business groups about market fragmentation, and the risk that pressure against regional bans could revive calls for a stricter nationwide prohibition.
Industry Insight
May.28
France Bans Zyn and Other Nicotine Pouches, Violators Face Jail and Fines
France Bans Zyn and Other Nicotine Pouches, Violators Face Jail and Fines
France has officially banned nicotine pouches and other oral nicotine products, including Zyn. The new regulation classifies such products as “toxic substances” and imposes criminal penalties on their use, possession, purchase, and sale. Violators may face up to five years in prison and fines of up to €400,000 (approximately $436,600).
Regulations
May.25
FDA 2025 NYTS: Youth E-Cigarette Use Declines but Unauthorized Disposables Remain Prominent; Nicotine Pouch Use Stays Low
FDA 2025 NYTS: Youth E-Cigarette Use Declines but Unauthorized Disposables Remain Prominent; Nicotine Pouch Use Stays Low
The U.S. Food and Drug Administration (FDA) released its 2025 National Youth Tobacco Survey analysis, saying about 2.01 million U.S. middle and high school students currently used any tobacco product; among current youth e-cigarette users, unauthorized disposable brands including Geek Bar, Elf Bar, Lost Mary and Raz had high reported shares, potentially making them a focus for future enforcement.
Jun.24
China Tobacco International HK Warns First-Half Revenue May Fall 25%-30%, Tobacco Leaf and Duty-Free Exposure Highlight Reliance on Traditional Tobacco
China Tobacco International HK Warns First-Half Revenue May Fall 25%-30%, Tobacco Leaf and Duty-Free Exposure Highlight Reliance on Traditional Tobacco
CTIHK expects first-half 2026 revenue to fall 25%-30%, mainly due to lower tobacco leaf imports and delayed cigarette shipments to China’s domestic duty-free market. Its 2025 revenue mix—nearly 90% from tobacco leaf-related businesses and less than 1% from new tobacco products—shows continued exposure to traditional supply chains and trade variables.
Jun.18