Judge’s ruling ends vape juice war over ‘Dragon’s Breath’ trademark
Vaping in Kentucky just got very serious as a District Court judge finally rules on a trademark lawsuit between two e-liquid flavorings manufacturers. The flavor that had everyone heading into court is named Dragon’s Breath, and depending on which company was selling it, one e-juice was cool and spicy and the other was a raspberry-cinnamon blend.
It’s a kind of David vs. Goliath story, and in this case, Goliath wins. When The Mad Alchemist Elixirs & Potions, based in London, Kentucky, was accused by Medford competitor ECBlend of trademark violation issues, all hell broke loose. Well, sort of.
According to published documents, ECBlend registered the trademark for Dragon’s Breath In July 2012. The Mail Tribune reports that ECBlend sent the Mad Alchemist a cease and desist letter in June of this year, but no one ever responded. Meanwhile, both company websites kept offering their identically named vape juices with the startling-different flavor profiles.
Legal hullaballoo over ‘Dragon’s Breath’ vape juice
Like many loyal customers of popular brand-named products, vapers tend to take their e-liquid selections very seriously. Imagine the confusion and perhaps even anger when Dragon’s Breath enthusiasts start vaping on something that tastes like a “combination of mint and clove-like spice” when they were expecting to inhale a “crazy good combo” of raspberry and cinnamon. Now imagine the hate mail received by the original trademark holder from lots of unwittingly horrified customers.
On September 8, The Mad Alchemist was served notice to appear in court. When no representatives showed up to the courthouse last week or even tried to respond to the allegations, presiding judge Michael McShane ruled in favor of ECBlends. No muss. No fuss.
“Mad Alchemist was served Sept. 8, 2017, and has not appeared or otherwise defended in this action through the date of this Order,” McShane’s ruling states. “The Court finds that this factor weights in favor of the default judgment.”
Also included in Friday’s injunction was a court order for The Mad Alchemist to remove all Dragon’s Breath products and advertising from its website and catalogue. The company must provide report to the judge within 30-days that all necessary actions have been taken. The company must also provide a written statement under oath. Vaping, especially in Kentucky, is very serious business.
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