Special notice: This article is intended for internal research and discussion within the industry and does not endorse or recommend any brands or products. Minors are prohibited from accessing this content. According to LAW360, IMiracle (Heaven Gifts), the parent company of the well-known disposable e-cigarette brand LOST MARY, has filed a lawsuit against FOUND MARY, a disposable e-cigarette brand based in the UK. IMiracle (Heaven Gifts) argues that FOUND MARY’s products are nearly identical to those of LOST MARY, thus infringing upon LOST MARY’s trademark rights.
According to a statement filed on July 31 by IMiracle (Heaven Gifts), the e-cigarette brand FOUND MARY is manufactured by a company called Vapes-Bars Ltd. They have allegedly copied the shape, color, and name of IMiracle (Heaven Gifts) products in order to gain an unfair competitive advantage. The statement emphasizes that allowing Vapes-Bars to continue producing these e-cigarettes could potentially undermine the reputation of the “LOST MARY” brand and the reputation it has established. It is also mentioned in the statement that Vapes-Bars has infringed upon the international trademark “LOST MARY” registered by IMiracle (Heaven Gifts) in January 2022, which is registered with a specific font design for e-cigarettes and other products.
According to the statement, the LOST MARY brand name, as well as the unique design and colors associated with its e-cigarette flavors, are highly regarded for their “reputation, prestige, and distinctiveness” in the United Kingdom.
The statement also mentions that Vapes-Bars’ FOUND MARY e-cigarette was launched leveraging the popularity of the LOST MARY brand. IMiracle (Heaven Gifts) claims that FOUND MARY e-cigarette possesses the same design elements as LOST MARY e-cigarette, including similar vertical text arrangement and a range of mixed color combinations used to denote flavors.
Heaven Gifts’ brand, IMiracle, argues that the similarities between these two products could lead consumers to believe that the FOUND MARY e-cigarette is part of their brand series. The statement also states that the FOUND MARY series products from Vapes-Bars weaken the distinctiveness of the international registered trademark of LOST MARY. IMiracle (Heaven Gifts) cites consumer complaints that have confused these two brands, suggesting that the “subpar” FOUND MARY e-cigarette is associated with the LOST MARY brand.
IMiracle (Heaven Gifts) has urged the court to ban Vapes-Bars from selling any e-cigarettes using the “FOUND MARY” brand in the United Kingdom, as well as prohibit the business from falsely claiming any association with IMiracle (Heaven Gifts).
In addition, Vapes-Bars has registered three trademarks for its FOUND MARY brand, with two more currently under review. IMiracle (Heaven Gifts) has stated that they have raised objections or filed invalidation procedures against these five trademarks owned by Vapes-Bars.
