Ferrara Candy sues e-cig seller

[5150sick]

We are going to see more and more of this type of shit as ANTZ and those dozen or so dipshit Senators & Congressman Rat out Vendors to these candy and dessert companies.

http://www.chicagotribune.com/business/breaking/ct-fruit-stripe-lawsuit-0714-biz-20150713-story.html

 

[5150sick]

Here they are 100% caught:

Now they have to spend tens of thousands of dollars on Lawyers & Payoffs.

Wouldn't had been just as easy to NOT put a picture of the GUM on the site and maybe call that shit 'Gummi Stripes' or some shit?

Once again: Are we (and the Vendors we support) this fucking stupid???

I hope none of you get their ADV from this Vendor because they are going to be sued out of business.
If they are lucky they may get to keep their house and car - 5150

 

[nabibrian]

Yikes!

 

[outwest]

Not wanting to register or pay, I found some more places with the article, including industry association and magazine publisher, Specialty Food https://www.specialtyfood.com/news/...ic-cigarette-retailer-trademark-infringement/
Longer article at: http://www.dailynews724.com/business/ferrara-candy-sues-e-cig-seller-h523836.html

My immediate thought, upon hearing of the story, was that they should have first sent a cease and desist, that's the norm in situations like this and that doing so is often integral to a case in court if you sue. Turns out, they did, 3 times.

 

[nabibrian]

Not wanting to register or pay, I found some more places with the article, including industry association and magazine publisher, Specialty Food https://www.specialtyfood.com/news/...ic-cigarette-retailer-trademark-infringement/
Longer article at: http://www.dailynews724.com/business/ferrara-candy-sues-e-cig-seller-h523836.html

My immediate thought, upon hearing of the story, was that they should have first sent a cease and desist, that's the norm in situations like this and that doing so is often integral to a case in court if you sue. Turns out, they did, 3 times.

What did they think after being told 3 times to cease and desist?
Did they think they were joking or bluffing?

 

[outwest]

What did they think after being told 3 times to cease and desist?
Did they think they were joking or bluffing?

Really *shaking head*

It started out as Fruit Stripe Gum and then they renamed it to Striped Gum. Dunno what the initial photo was but at the end was photo of pieces of Ferrara's gum.

From the article

In the complaint, Ferrara said it reached out to the electronic cigarette seller about the issue multiple times in 2014, and sent cease-and-desist letters on Aug. 22, Sept. 19, and Oct. 24. Ferrara said TrinitySun took some steps to change its use of Fruit Stripe trademarks on its website but did not remove them completely.

You'd think they would have fixed it right away. 'Course, you'd think they'd have had the sense to not even call it Fruit Stripe Gum in the first place. Call it blended fruit, fruit mash-up, or even zebra fruits (but don't put a pic of a zebra!).

There's a shop in my area that has a tiny web presence but has tons of trademark violations including jolly rancher, bottle caps, laffy taffy, skittles, crush, hawaiian punch, red bull, and rock star *shaking head* From their webpage, they only sell disposables, cartos, and clearos, all their flavors are ones that any beginner DIY'er can easily mix up (and wouldn't surprise me if they buy 'em pre-mixed), yet their slogan is "We Carry ONLY The Best!"

 

[zaroba]

I *really* don't think it has anything to do with ANTZ or senators ratting people out.

I mean, it's not like all the people that work for Ferrara or all these other companies will never know what vaping is. The vaping community can't exactly hide vaping a copied flavor from every employee of one of these companies. They are regular people like you and me and if one of them sees their product being stolen, all they have to do is contact their companies legal department to set the wheels in motion for a trademark infringement lawsuit.

Is the community stupid? Probably not. I'd say more then likely just naive. Probably making the flavor without thinking about the possible repercussions due to 'getting caught up in the moment' of making great flavors to sell. Possibly thinking something like "we're just a small company, how will they ever find out?". But, the more popular the company becomes, the more likely 'they' will find out. And there are tons of people infringing on others copyrights when it comes to eliquid flavors.

Some companies take trademark infringement very seriously and even search for it. Walmart has bots that search for web domains including the word 'walmart' and sends out automated mailings to their owners threatening lawsuits if the sites aren't shut down.