Chicago-based chewing gum company, Wrigley, is suing an electronic cigarette liquid (e-liquid) company, Chi-Town Vapers, for using its trademarked brands, Juicy Fruit and Doublemint, to market their e-liquid flavors. Chi-Town Vapers was selling Dbl Mint E-Liquid and Joosy Fruit Gum, which are phonetically identical to the marks that Wrigley registered in 1915.
Wrigley also claims the products “copy the look and feel” of their packaging. The Joosy Fruit packaging bears a blue font on yellow with arrows, and the Dbl Mint E-Liquid packaging is green with arrows on it, just like the originals. BUT, this isn’t the first time Chi-Town Vapers used the names to sell their products.
In 2014, Wrigley sent a letter to Chi-Town Vapers demanding that they stop using Juicy Fruit, Doublemint Gum, and Skittles on their products. Chi-Town Vapers took down those images from their website. One year later, they started marketing Dbl Mint and Joosy Fruit gum e-liquid flavors. Wrigley claims that Chi-Town Vapers’ conduct is “willful, deliberate, intentional, and in bad faith”.
The infringement lawsuit is seeking an injunction against selling any products “confusingly similar” to the Wrigley trademarks, undisclosed damages, and all the profits obtained through sales.
Chi-Town Vapers were given a fair notice and were very fortunate the first time, since Wrigley didn’t take legal action. Now, they will have to pay the price.
#OwnYourMark #MakeYourMark
Written by: Teresa Nguyen