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America January 9, 2024 3 mins read

Lost Mary Vape Maker Wants To Burn Rival’s TM

America ı By Rihem Akkouche

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Lost Mary Vape Maker Wants To Burn Rivals TM

In a fiery legal maneuver, iMiracle (HK) Ltd., the creator of the immensely popular Lost Mary disposable vapes, has set its sights on extinguishing its Emirati rival's trademark for "LadyMary." This legal clash, recently unveiled in a Dec. 21 High Court claim, alleges that Synergy Project Management LLC has failed to genuinely utilize the trademark in the U.K. within the required five-year period.

Lost Mary Vape Maker Wants To Burn Rival's TM : Questionable Identity of Origin

iMiracle, along with Green Fun Alliance Ltd., asserts that Synergy Project Management LLC should lose its rights over the "LadyMary" name in the e-cigarette and tobacco market. The central argument revolves around the claim that Synergy failed to use the trademark effectively to guarantee the identity of origin for its products. However, iMiracle has yet to unveil specific details to support its claims.

Lost Mary Vape Maker Wants To Burn Rival's TM : Lost Mary's Legal Odyssey

This legal clash is not the first for iMiracle, which previously safeguarded its Lost Mary vape, introduced in 2022, and Elfbar products. Known for its candy-colored, dip-dye style plastic shells, Lost Mary disposable vapes have captured the market's attention.

In July, iMiracle engaged in legal combat with a U.K. rival over the sale of vapes branded as "Found Mary," arguing their identical nature to its products. iMiracle has been relentless in protecting its intellectual property, filing numerous claims in the U.S., accusing companies of selling knock-off Elfbar products with counterfeit logos.

Elfbar, a Contested Crown

Elfbar, hailed as the most popular brand among young vape users in the U.S., faces its own set of legal skirmishes. In October, VPR Brands sued a chain of Georgia smoke shops, Vape Loft, seeking to prevent the sale of Elfbar products produced by iMiracle. The legal tussle involves counterclaims, with both iMiracle and Vape Loft insisting that VPR Brands is the one selling knockoffs.

Regulatory Crackdown and Seizures

iMiracle's meteoric rise has not gone unnoticed by regulators. In May, the U.S. Food and Drug Administration (FDA) placed certain companies associated with illegal e-cigarettes, including iMiracle, on a red list, blocking Elf bar imports. The crackdown intensified on Dec. 14, with the FDA and the U.S. Customs and Border Protection seizing around 1.4 million illegal e-cigarette products, totaling approximately $18 million, including Elfbar and Lost Mary branded vapes.

The FDA's statement revealed that Chinese manufacturers, including iMiracle, had intentionally mis-declared vapes as toys or shoes, listing them with incorrect values to evade duties and detection.

Lost Mary Vape Maker Wants To Burn Rival's TM : Trademark at Stake

The focal point of this legal drama is Synergy Project Management's trademark, registered as No. UK00003976640. Despite repeated attempts, representatives for iMiracle, Lost Mary, and Synergy Project Management remained tight-lipped, refraining from immediate comments.

Green Fun Alliance, a party to the legal action, could not be reached for comment at the time of reporting.

iMiracle and Green Fun Alliance are represented by Stephen Reese of Clifford Chance LLP, instructed by Andrew Lomas of One Essex Court. Full counsel information for Synergy Project Management is currently unavailable.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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