Key Takeaways
- JLT Imports Inc. is seeking cancellation of the “Lost Mary” trademark owned by Imiracle (HK) Ltd.
- The complaint alleges that Lost Mary flavored disposable vapes were sold without FDA premarket authorization.
- The suit says the FDA has issued more than 40 letters stating that marketing, distributing and selling Lost Mary products is unlawful.
- The dispute began in November 2024 when Imiracle opposed JLT’s application to register “LOST THC.”
- JLT also brought a false advertising claim over packaging language stating that sale is allowed only in the United States.
2Firsts, March 30, 2026
According to Law360, North Carolina hemp provider JLT Imports Inc. has filed suit in California federal court seeking cancellation of the “Lost Mary” vape trademark held by Chinese company Imiracle (HK) Ltd.
JLT says the “Lost Mary” trademark is invalid because it was used to sell unlawful products
In a complaint filed, JLT alleged that Imiracle (HK) Ltd. cannot claim trademark rights in “Lost Mary” because it used the mark to sell and market products that are unlawful. JLT said Imiracle never obtained premarket authorization for its flavored disposable vape products and that the trademark was therefore invalid from the outset.
The suit also said the U.S. Food and Drug Administration has issued more than 40 letters making clear that marketing, distributing and selling Lost Mary products is unlawful.
The dispute began when Imiracle challenged the “LOST THC” trademark application
In addition to seeking cancellation of the Lost Mary registration, JLT brought a false advertising claim against Imiracle and requested a declaratory judgment to resolve the dispute behind the litigation.
According to the complaint, the conflict between the two companies began in November 2024, when Imiracle filed a notice of opposition with the U.S. Patent and Trademark Office seeking to stop JLT’s application to register “LOST THC,” its own vape product brand. Imiracle argued that LOST THC was too close to its Lost Mary mark.
JLT also argues the mark was abandoned and challenges packaging language
JLT’s central argument is that a trademark cannot be valid if it is used in violation of federal law. The company also argues that Imiracle effectively abandoned the mark because there has been no lawful use of Lost Mary for three continuous years.
Beyond trademark cancellation, JLT also brought a false advertising claim. It pointed to wording on Lost Mary packaging stating that sale is “only allowed in the United States.” JLT argues that statement is false because Imiracle has not obtained FDA approval to sell Lost Mary.
Image source: Law360
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