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.