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Love Miracle Sues FOUND MARY

Time: 2023-08-22

Views: 601

Ai Miracle believes that the products of FOUND MARY and LOST MARY are almost identical, which infringes the trademark right of LOST MARY.

According to LAW360, the parent company of LOST MARY, a well-known disposable e-cigarette brand, sued FOUND MARY, a UK-based disposable e-cigarette brand. Ai Miracle believes that the products of FOUND MARY and LOST MARY are almost identical, which infringes the trademark right of LOST MARY.

 


Love Miracle Sues FOUND MARY for Infringing Lost Mary's Trademark Rights

Comparison between LOST MARY and similar brands|Photo courtesy of Love Miracle

 


According to the statement document submitted by Ai Miracle on July 31, FOUND MARY e-cigarettes are manufactured by a company called Vapes-Bars Ltd. They imitate the shape, color and name of Ai Miracle’s products in order to gain unfair competition Advantage. The statement pointed out that if Vapes-Bars is allowed to continue to produce these e-cigarettes, it may weaken the "LOST MARY" brand and damage the reputation this brand has built.

 

The statement also mentioned that Vapes-Bars infringed the "LOST MARY" international trademark registered by Ai Miracle in January 2022, which was registered as a design font and used for products such as electronic cigarettes.


The LOST MARY brand name and the distinctive shape and color corresponding to the flavors of e-cigarettes enjoy "goodwill, reputation and a high degree of uniqueness" in the UK, the statement said.


 


The statement also mentioned that Vapes-Bars' FOUND MARY e-cigarette was launched with the help of the popularity of the LOST MARY brand. Love Miracle claims that the FOUND MARY e-cigarette has the same design elements as the LOST MARY e-cigarette, including a similar vertical text arrangement and a series of mixed color combinations used to represent flavors.


 


Love Miracle believes that the similarities between these two products will make consumers think that FOUND MARY e-cigarettes are its series brand. The statement also alleges that Vapes-Bars' FOUND MARY line of products has diminished the distinctiveness of LOST MARY's internationally registered trademark. Citing some consumer complaints of confusion between the two brands, Ai Miracle believes that "substandard" FOUND MARY e-cigarettes are associated with the LOST MARY brand.


 


Love Miracle hopes that the court will prohibit Vapes-Bars from selling any e-cigarettes using the "FOUND MARY" brand in the UK, as well as prohibiting it from pretending that its business has some connection with Love Miracle.


 


Meanwhile, Vapes-Bars has registered three trademarks for its FOUND MARY brand, with two more currently under review. Love Miracle stated that they have filed opposition or invalidation proceedings against these five trademarks of Vapes-Bars.



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