Evolve E-liquid shuts doors due to Federal Lawsuit

[Painter_]

I do not know if this belongs here or not but it looks like the parent company of Halo has brought lawsuits on some small e-juice makers for trademark infringement. Looks like they trademarked the following:

EVO®, U.S. Registration No. 4,591,059
EVO VAPOR®, U.S. Registration No. 4,631,686
VAPOR®, U.S. Registration No. 4,483,273
EVOPURE, U.S. Serial No. 86,165,783


https://ia802701.us.archive.org/7/items/gov.uscourts.flmd.306614/gov.uscourts.flmd.306614.1.0.pdf

 

[zoiDman]

Very Interesting.

Thank you for Posting this Painter_

 

[Vatigu]

I wanted to try halo's juice... screw that noise. Never buying from them.

I wonder if Microsoft can come after them for the use of Halo?

 

[smokinGAVIN]

I wanted to try halo's juice... screw that noise. Never buying from them.

I wonder if Microsoft can come after them for the use of Halo?

I don't understand you. You're upset that Halo protected themselves but not upset that Microsoft also protected themselves?

 

[readeuler]

I don't understand you. You're upset that Halo protected themselves but not upset that Microsoft also protected themselves?

Seems kinda BS that they were able to copyright "vapor", you have to admit. They could conceivably sue just about anyone in the business for that one.

ETA: Although it appears that they're primarily going after Evolve because they've patented "EVO". I have a new strategy: Trade mark a seemingly nonsensical sequence of 3 letters, let's say ROV, make some mods, then go after Provape. That probably wouldn't work since Provape clearly came before me, but I could probably copyright some other 3 letters, then go after any newcomers that happen to have chosen my 3 letters. Bonus points if they start their name with them!

I don't know. Maybe Evolve really is using Evo's name unfairly to get customers, but it seems a little far-fetched to me, considering I really thought we were talking about Evolv the chip-maker; i.e., they both kinda seem like small fish in a big sea.

 

[Painter_]

There are two Halo juices that I like, Tribaca and Krinkles Kurse. I make a clone of each of them. Halo makes some good juice but the PG is way to high, just like the price.

 

[Vatigu]

I don't understand you. You're upset that Halo protected themselves but not upset that Microsoft also protected themselves?

I'm not a fan of any large company bashing smaller fish with frivolous lawsuits but I wouldn't mind if someone took them down a peg for it. You can find the thread on reddit Evolve didn't even receive a cease and desist. Halo also went after 3 others at the same time.

8:15-cv-00175-JSM-TGW Nicopure Labs, LLC v. Jasper Technologies Moody 01/27/2015
8:15-cv-00174-MSS-MAP Nicopure Labs, LLC v. Gabl Enterprises Scriven 01/27/2015
8:15-cv-00173-MSS-TBM Nicopure Labs, LLC v. Atomized Labs Scriven 01/27/2015

Halo's well on their way to becoming Vaping's first frivolous lawsuit troll.

 

[frosting]

I'm not a fan of any large company bashing smaller fish with frivolous lawsuits but I wouldn't mind if someone took them down a peg for it. You can find the thread on reddit Evolve didn't even receive a cease and desist. Halo also went after 3 others at the same time.

8:15-cv-00175-JSM-TGW Nicopure Labs, LLC v. Jasper Technologies Moody 01/27/2015
8:15-cv-00174-MSS-MAP Nicopure Labs, LLC v. Gabl Enterprises Scriven 01/27/2015
8:15-cv-00173-MSS-TBM Nicopure Labs, LLC v. Atomized Labs Scriven 01/27/2015

Halo's well on their way to becoming Vaping's first frivolous lawsuit troll.

This right here is why this can not get simply swept under the rug.

Our community faces enough of a hurdle from the outside, it's unacceptable to deal from it within.

I will be showing how I feel with my wallet, and refusing to purchase from Halo.

The good thing about the vaping community is word of mouth travels in these parts. How many small online vendors were able to eventually open brick and motor stores because of the support, positive reviews from each-other here and beyond in other forums? I remember this very forum pressuring a vendor some time ago to get their stuff together because something was found unsafe about their juice(details escape me, it was a looong while ago). Lo and behold, shop closed their doors, sorted out the issue, and reopened shop.

Halo, seems a bit full of themselves and should be dealt with by not buying their juice. I don't think their ego can tolerate reason. They won't have much money for lawsuits if they can't sell their product.

 

[bigdancehawk]

The lawsuit seems to be based on the premise that people are too stupid to figure out that Evo and Evolve are not the same.

 

[WhiteHighlights]

Hmm. I wonder who was first in the market - could the pet food company possibly go after Halo? http://www.evopet.com/
See the pics - EVO®

That was my first association with the term evo when I started vaping - ha ha ha.

 

[zoiDman]

I didn't read the Entire Complaint. But aren't Trademark Infringement suits Relatively straightforward?

Does Someone have a Valid Trademark?

Did Someone else Use this Trademark?

Did that the Someone who used the Trademark fail to Stop Using when served a Cease Notice?

 

[DaveOno]

I did read the complaint. And zoiDman, yes to your three questions. Unsure about the last.

And you are right, this isn't about copyright, but trademark infringement.

Provape has registered trademarks, and it seems the first to get it has the rights.

I think Evolv the circuit board manufacturer is OK because their product is a different market, electronics vs eliquids. Much like Halo eliquids vs Halo the game.

 

[Vatigu]

I didn't read the Entire Complaint. But aren't Trademark Infringement suits Relatively straightforward?

Does Someone have a Valid Trademark?

Did Someone else Use this Trademark?

Did that the Someone who used the Trademark fail to Stop Using when served a Cease Notice?

Seems they didn't serve a C&D according to evolve just a lawsuit.

 

[DC2]

Subscribing to this thread...

 

[retired1]

One of the very first things a company should do before opening their doors is check for existing trademarks before they start naming their products. The trademark database is searchable by the public so there's really no reason for trademark infringement.

 

[SHOCK COLLAR]

the government is looking into stopping "patent trolls" people who file and recieve a patent with no desire to actually make said patented product and wait for someone to make it then sue them for infringements.

 

[Brettanomyces]

I'm not sure how they think that the name Evolve infringes on their trademark for Evo, my guess is that they knew the company in question didn't have the resources to fight the case in another state.

More troubling to me is that it appears there was another Evo E-liquid that was around before them and they were able to use similar legal shenanigans to force them out of business simply because they registered the trademark first. The intent of the patent and trademark systems was to keep people from stealing other peoples ideas but now they're being used by those with money to legally steal the ideas of those with less money. The system is completely broken, at the very least prior art should automatically invalidate any trademark or patent claims.

 

[stevegmu]

Good for Halo. It is a joke some think just because is is vape related, patents and intellectual property should be ignored...

 

[Brettanomyces]

Good for Halo. It is a joke some think just because is is vape related, patents and intellectual property should be ignored...

How is the name Evo at all the same as Evolve? FYI they also trademarked the word Vapor.

 

[stevegmu]

How is the name Evo at all the same as Evolve? FYI they also trademarked the word Vapor.

Close enough, same business...but I only took 1 class in trademarks and copyrights... Vapor is too generic, so won't withstand a law suit...