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Puffco Corporation (Puffco) filed suit against KandyPens, Inc. for false advertising, unfair and deceptive trade practices, and trade libel. 

The suit was filed on July 22, in the United States District Court for the District of Delaware. It claims violations of Delaware’s Uniform Deceptive Trade Practices Act, the Lanham Act, and Delaware Common Law.

Both companies are Delaware corporations, who are California-based and manufacture, advertise, and sell their products (electronic dab rigs and vape pens) in the continental U.S.

The 2019 class-action suit

Puffco accuses Kandypens of orchestrating a 2019 KandyPens class-action lawsuit against Puffco.

The suit was filed in the United States District Court District of Arizona, using Jacob Anderson as the plaintiff. Puffco claims Anderson is a close associate of Kandypens.

The case also alleges the high-end Puffco Peak dab rig had defective batteries and/or atomizers that break. Puffco denies it. The suit accused Puffco of fraud and not honoring its warranties. Which Puffco says is another false claim.  

The Instagram campaign

The class-action lawsuit was voluntarily dismissed in August 2019. 

Puffco claims that:

• Before the lawsuit was filed, Kandypens had created an Instagram page named “puffcolawsuit” with associated hashtags.
• Later, a second page titled “puffco.lawsuit” was launched with its hashtags.
• One page said it was, “dedicated to protecting customers who have been ripped off by Puffco by their defective products,” and included a link to the March class-action complaint covertly filed by Kandypens.
• Puffco alleges that Kandypens didn’t disclose it was the source of the pages. The pages look like attorneys representing plaintiffs in the class-action suit are running them. But “a Puffco competitor is behind it all.”
• Kandypens failed to disclose that the suit was dismissed.
• Kandypens used the two Instagram pages and #puffcolawsuit posts through June 2020.

Puffco accuses Kandypens of creating the Instagram campaign specifically for “deceptive trade practices" and “false advertising.” 

Puffco argues that KandyPens has caused “irreparable harm” to Puffco’s reputation and has cost them money. They ask for unspecified monetary damages, plus legal costs. They also seek a jury trial.

Trademark Infringement lawsuit pending

In June, Puffco filed a trade infringement lawsuit in the United States District Court for the Western District of North Carolina, Charlotte Division.  

Puffco claims that on several KandyPen products specific Puffco features have been added that confuse the consumer and infringe on their trademark.

Puffco also alleges that KandyPens copied a Puffco Peak vape pen and named it the R.O.G. This name is a reference to Puffco founder and CEO Roger Volodarsky. Puffco says that Kandypens even marketed the "knock-off" product using Volodarsky’s likeness throughout social media.

KandyPens has responded publicly to the Puffco charges.

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