Apparently Cosmic Fog is trying to bully VapeOholic

[BA0701]

Leo Lee linked a FB post from Abigail Castillo-Roxas, where she says that Cosmic Fog's VP called her store and told her that CF had trademarked the name Kryptonite, which is the name of one of her juices. Apparently, VapeOholic has been in business longer, and had their Kryptonite juice longer, and now he is implying they have got to change the name of their juice.

Not sure if you can even trademark a name??? But, regardless, I definitely will not be sending any of my cash to CF from this point forward. I commented on this, on their page, and they deleted my post and blocked me from commenting any further. They did the same to another person from juice Junkies as well. Funny thing is, they did not block Leo, and he said plenty as well. Guess they are afraid of possible repercussions, ie: Ameravape/Vapinology, from banning someone so well known in the community.

 

[Iffy]

I luv cat fights!

 

[Despraci]

I am more surprised that DC Comics doesn't have the name Kryptonite Trademarked.

 

[BA0701]

I luv cat fights!

LOL, FB and UFC, going to be a good night

I am more surprised that DC Comics doesn't have the name Kryptonite Trademarked.

My thoughts exactly.

 

[iz2sick]

I am more surprised that DC Comics doesn't have the name Kryptonite Trademarked.

They do have it Trademarked, but unless one of the juice makers that use that name (there are more that use it other than VapeO and Cosmic with VapeO highly likely being the first) correlates it to the Superman mythos, they can't be touched. That's what I got out of reading up on the Trademark laws at least.

 

[caged]

Remember when vaping was a much cooler community? I guess this is what happens when big money gets involved.

 

[Despraci]

They do have it Trademarked, but unless one of the juice makers that use that name (there are more that use it other than VapeO and Cosmic with VapeO highly likely being the first) correlates it to the Superman mythos, they can't be touched. That's what I got out of reading up on the Trademark laws at least.

I am not sure myself. I know you can't use the name with direct link, such as "Spider-Man juice" and have a picture of spidey on the bottle. But I also think it matters if the term was trademarked and copyrighted. Maybe we have a lawyer on here that can clarify trademark and copyright laws and if they apply to a "word" in book or comic book and can a company use that term at will and profit from it.

 

[Newportlocal]

Waiting for 3 Doors Down to jump in the fray.












I think I will vape some Curious Jorge while I watch this unfold.

 

[Rickajho]

They do have it Trademarked, but unless one of the juice makers that use that name (there are more that use it other than VapeO and Cosmic with VapeO highly likely being the first) correlates it to the Superman mythos, they can't be touched. That's what I got out of reading up on the Trademark laws at least.

Close but...

If an alternate use of the name causes product or brand confusion that's enough to get them busted if the trademark holder wants to challenge it. Scary "...attractive to children!!!" e-liquid causing confusion with a child's Superhero thing and all that. If DC Comics decided to step forward and protest I'm sure they could get both of them stopped from using the name.

 

[iz2sick]

Close but...

If an alternate use of the name causes product or brand confusion that's enough to get them busted if the trademark holder wants to challenge it. Scary "...attractive to children!!!" e-liquid causing confusion with a child's Superhero thing and all that. If DC Comics decided to step forward and protest I'm sure they could get both of them stopped from using the name.

That's actually a really good angle I didn't consider.

Yea, I can totally see a judge ruling in favor of DC for that.

At any rate, the issue here isn't the trademark itself. The issue is one juice vendor threatening another over this. I guess they didn't realize that VapeOholic has a very loyal following. It's also possible they were ignorant to VapeOholic having been in existence longer than them. Ask most people about Kryptonite juice and I bet the majority will assume VapeOholic rather than Cosmic Vapors.

 

[bulldog63h]

Close but...

If an alternate use of the name causes product or brand confusion that's enough to get them busted if the trademark holder wants to challenge it. Scary "...attractive to children!!!" e-liquid causing confusion with a child's Superhero thing and all that. If DC Comics decided to step forward and protest I'm sure they could get both of them stopped from using the name.

I guarentee they could. DC has far more money than any vape company at this point.

 

[Midniteoyl]

Waiting for 3 Doors Down to jump in the fray.

Hahahaha.. was my first thought too..

 

[stevegmu]

Halo woke up to this issue years ago and re-named Harley56 to Torque56...

 

[Despraci]

Close but...

If an alternate use of the name causes product or brand confusion that's enough to get them busted if the trademark holder wants to challenge it. Scary "...attractive to children!!!" e-liquid causing confusion with a child's Superhero thing and all that. If DC Comics decided to step forward and protest I'm sure they could get both of them stopped from using the name.

That's a good scenario where a company might step in.

 

[BA0701]

Close but...

If an alternate use of the name causes product or brand confusion that's enough to get them busted if the trademark holder wants to challenge it. Scary "...attractive to children!!!" e-liquid causing confusion with a child's Superhero thing and all that. If DC Comics decided to step forward and protest I'm sure they could get both of them stopped from using the name.

That is definitely not a direction we want to see things going, for sure. Don't need anyone else trying to say that the industry is trying to attract kids.

 

[wonkeypickle]

Scrambling for every dollar before fda regs come in and their sub par juice line is lost amongst those that stuck it through. Imho, steer clear of these hype beast pre made juice companies, them and china are the ones riding the gravy train in the industry, and instead of putting back in they go do stuff like this.

 

[Despraci]

I actually did find an article where DC Comics claimed trademark right on the word and name Kryptonite. It was against a bike lock company. So if DC wanted too they could go after any company that uses the term Kryptonite regardless of how it is used. It actually deals with using trademarks in your business and used the DC vs KC case as an example.

Here's the article.
http://tacticalip.com/2012/01/02/ca...ark-in-my-business-when-is-that-infringement/

 

[Midniteoyl]

I actually did find an article where DC Comics claimed trademark right on the word and name Kryptonite. It was against a bike lock company. So if DC wanted too they could go after any company that uses the term Kryptonite regardless of how it is used. It actually deals with using trademarks in your business and used the DC vs KC case as an example.

Here's the article.
http://tacticalip.com/2012/01/02/ca...ark-in-my-business-when-is-that-infringement/

Both DC and Marvel claim the trademark on 'superhero' and any and all ways to spell it too...

 

[noel18]

I'm surprised a juice name can be trademarked considering all the clones out there.

 

[stevegmu]

I'm surprised a juice name can be trademarked considering all the clones out there.

In the US, yes.