IP Law Daily, TRADEMARK NEWS: E-cigarette seller accused of infringing ‘Doublemint’ and ‘Juicy Fruit’ marks and trade dress, (Jul 19, 2017)

By Cheryl Beise, J.D.

Candy and gum manufacturer Wm. Wrigley Jr. Company ("Wrigley") has filed suit against an Illinois-based electronic cigarettes business, accusing it of selling e-liquids that infringe and dilute Wrigley’s famous JUICY FRUIT and DOUBLEMINT marks and trade dress. According to the complaint filed last week in the federal district court in Chicago, Robert Wilson and his solely owned businesses, Chi-Town Vapers LLC and Chi-Town Labs, Inc., have continued selling infringing products online and in their physical retail location in Bensenville, Illinois, despite receiving two cease and desist letters from Wrigley’s counsel (Wm. Wrigley Jr. Company Chi-Town Vapers LLC, July 13, 2017).

Wrigley first contacted the defendants in July 2014, demanding that they cease using the company’s SKITTLES, JUICY FRUIT, and DOUBLEMINT marks and trade dress. The defendants didn’t respond to the letter, but removed the images of the infringing JUICY FRUIT, SKITTLES, and DOUBLEMINT products from their website. However, by November 2015, the defendants resumed marketing and selling e-liquid using the name DOUBLE MINT (and DBL MINT), and copying the look and feel of Wrigley’s Doublemint Trade Dress (the green box, and the double arrow design). By January 2017, after receiving a second letter from Wrigley’s counsel, the defendants resumed marketing and selling e-liquid infringing Wrigley’s famous JUICY FRUIT brand, by using the name JOOSY FRUIT and copying the look and feel of Wrigley’s Juicy Fruit Trade Dress (the yellow box, and the double arrow design).

Wrigley claims that the defendants’ blatant efforts to trade off of Wrigley’s famous marks amounts to willful trademark infringement, dilution, and unfair competition under the Lanham Act, the Illinois Deceptive Trade Practices Act, and Illinois common law. The complaint also notes that the defendants, by marketing of e-cigarette materials in chocolate, fruit and/or candy flavors, are harmfully targeting children under 18 years of age. Wrigley is seeking injunctive relief, unspecified actual and/or statutory damages, and award of the defendants’ profits, punitive damages, pre-judgment interest, and an award of costs and attorney fees.

The case is No. 1:17-cv-05185.

Attorneys: Douglas N. Masters (Loeb & Loeb) for Wm. Wrigley Jr. Company.

Companies: Wm. Wrigley Jr. Company; Chi-Town Vapers LLC; Chi-Town Labs, Inc.

News: Trademark IllinoisNews