Apparently Cosmic Fog is trying to bully VapeOholic

[Bunnykiller]

If they made it all glowy green I could definitely see them at least trying a suit. Trademark law is such a huge cluster........ From what I've seen/read, it seems like most trademark attorneys tend to go for the "try it and see what the judge says" method. Considering the overwhelming majority of trademark suits settle out of court, it's worth it to them to go ahead and give it a shot.

ohhhh you mean like this????

 

[JayQC]

So they are both arguing about the name of an e-juice they have stolen from the Superman franchise anyway.

That sounds real mature.

 

[Robino1]

I imagine if DC comics found out about this, both would lose the right to the name. HHV got a letter from Warner Brothers(?) and had to rename a few of their liquids: Gandalf, Gollum and Shadowfax. Names from Lord of the Rings. Made up names like kryptonite is.

 

[Midniteoyl]

Great point.
And if it does survive....then comes the lawsuits.
I suspect we'd even see some simply against similar type names,description, and logotypes if the company is vigorously opposed to "smoking"

I doubt Quaker Oats-- who markets Cap'n Crunch to little kiddies-- would be too thrilled with eliquid manufacturers using the word "crunchberries".
Even the knock-offs in the grocery store can't do it.

No Quaker Oats won't allow it especially since they're the only one's that can even grow a Crunchberry Bush---which the FDA would consider as the "predicate" product.
(I've been burying those little suckers in my garden for decades and have NEVER gotten a crunchberry to even germinate. The MO soil, I guess)

As far as I know, you cannot name a flavor of eliquid after a cereal, drink, or other trademarked food. Correct. But, I do believe because that is a due to flavor. 'Crunchberry' cereal is actually describing the flavor of that cereal, a juice called 'Crunchberry' would also (hopefully) taste like. So in that sense, you are violating the whole intent of the trademark.

I imagine if DC comics found out about this, both would lose the right to the name. HHV got a letter from Warner Brothers(?) and had to rename a few of their liquids: Gandalf, Gollum and Shadowfax. Names from Lord of the Rings. Made up names like kryptonite is.

Didnt Nicoticket recently change the name of Beetlejuice to avoid a copyright/trademark conflict? Pretty sure I read where they did due to Warner Bros saying something.. Though in this case, I believe WB was incorrect. I mean, there is a Beetle Juice drink and an entertainer (Lester Green) by that name.

 

[bluecat]

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

DC Comics Prevails In Trademark Suit Vs. Kryptonite - Law360

They do. So these two companies fight each other only for DC to come in and sue the winner. Funny stuff.

Legalzoom is only good for some things. Well OJ got his attorney from there.

Similar to a Nemesis mod. If I was Stokes.. I would sue them.

 

[fraychek]

Didnt Nicoticket recently change the name of Beetlejuice to avoid a copyright/trademark conflict? Pretty sure I read where they did due to Warner Bros saying something.. Though in this case, I believe WB was incorrect. I mean, there is a Beetle Juice drink and an entertainer (Lester Green) by that name.

I don't know if they changed the spelling or if it's always been BETELGEUSE as the liquid is now spelled. If they changed it, then it was a pretty easy fix. Betelgeuse is the name of a star so probably not a copyright or trademark issue.

 

[Despraci]

I don't know if they changed the spelling or if it's always been BETELGEUSE as the liquid is now spelled. If they changed it, then it was a pretty easy fix. Betelgeuse is the name of a star so probably not a copyright or trademark issue.

Actually some stars with unique screen / stage names have trademarked their name due to website using their names to draw hits or people naming products after a star with the intent of falsifying endorsement.

 

[DaBucs]

Yes, I think it was towards the end of last year that the name was changed from beatlejuice to the current incarnation of the name...dont believe they had a removal request, but were being proactive and changed the name to prevent such an incident occuring

 

[Nermal]

I think she was referring to a star in the constellation Orion, not a performing artist.

 

[DaBucs]

I think she was referring to a star in the constellation Orion, not a performing artist.

originally it was named after the movie, but later changed to the version referring to the star

 

[Midniteoyl]

Yes, I think it was towards the end of last year that the name was changed from beatlejuice to the current incarnation of the name...dont believe they had a removal request, but were being proactive and changed the name to prevent such an incident occuring

originally it was named after the movie, but later changed to the version referring to the star

This is what I recall too..