According to a report from Vaping 360 on August 29, a federal judge in the United States ruled against e-cigarette distributor Fantasia Distribution in a lawsuit where the company had sued multiple e-cigarette manufacturers for using words like "ice" and "iced" to describe their products. Fantasia had claimed to have protected trademark rights over the terms "ice" and "iced".
Today, on the 29th, Judge Kiyo Matsumoto of the Eastern District Federal Court in New York ruled that the terms "ice" and "iced" are considered generic when used to describe smoking products such as e-cigarettes or vaping devices. Many manufacturers of e-cigarette liquids and disposable e-cigarettes use these words to indicate a cool flavor.
The judge wrote in the ruling that,
Ultimately, Fantasia did not provide any evidence to suggest that 'ice' or 'iced' are specific terms in tobacco products and smoking products such as e-cigarettes, so any rational jury would not support Fantasia.
The judge approved the defendant's motion to cancel the two "Ice" trademarks of Fantasia, allowing e-cigarette manufacturers and retailers to freely use the term without fear of legal action from Fantasia.
Fantasia, based in California, USA, primarily sells hookah products and obtained the "Ice" trademark in 2011 and 2014.
Last year, lawyers claiming to represent Fantasia contacted e-cigarette retailers across the country, threatening legal action if the shops did not cease selling products described as "ice." The cease-and-desist letters sent by these lawyers requested detailed information on past sales of "ice" products, and in some cases, advised settling out of court through cash payments to avoid litigation. It is currently unclear if any e-cigarette stores have agreed to Fantasia's demands.
This trademark lawsuit was filed in 2020, initially listing six defendants: Access Vapor, Cool Clouds Distribution, Limitless Trading Co., Myle Vape, Pop Vapor Co., and Romeo Vapors. The final ruling did not include Myle Vape and Cool Clouds.
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