One of the greatest joys of vaping is sampling a variety of fun flavors. With a quick glance into any vape shop, you will find flavors resembling a lot of your favorite sweets from gummy bears to Crunch Berries to cotton candy. While eliquid makers are capitalizing on the public’s love for sweet treats, some candy makers are unhappy to have their brand names lumped in with the vaping industry. That’s why Ferrara Candy has filed a lawsuit against the TrinitySun eliquid company. Ferrara alleges that the eliquid makers have violated their trademark rights by selling a flavor called “Fruit Stripe Gum”.
Last year, Ferrara contacted TrinitySun repeatedly and asked them to remove the flavor from their line. They responded by changing the name to “Striped Gum”, but Ferrara said the product name and the image on label was still was too close to their trademarked brand. “If parents thought Ferrara Candy was trying to use its famous candy brands to hook children into nicotine products, it would dramatically and irreparably harm Ferrara Candy and its Fruit Stripe trademark,” the company said in the lawsuit.
Since the lawsuit was filed last week, TrinitySun has removed the Stripe Gum flavor from their website. However, the company’s president insisted that they have done nothing wrong and have even reached out to Ferrara leadership to try to make things right. “I had a flavor that was labeled as Fruit Stripe gum, they asked me to remove that, and I did,” he explained.
Unless the companies are able to reach an agreement, the matter will go to court. It’s really not surprising to see a candy company turn on an eliquid company for trademark infringement. After all, how often have you seen eliquids that were blatant copies of the flavor of one of your favorite existing candies or foods? Do you think eliquid companies need to be held accountable for using well known brands to market their flavors?