ECBlend Wins Case Over Their Trademarked “Dragons Breath” E-Juice
In a U.S. District Court in Medford, District Judge Michael McShane ruled that “The Mad Alchemist Elixirs & Potions,” who is based in London, Kentucky violated ECBlends trademarked flavor “Dragon’s Breath,” which is a mint and cream blended e-juice. ECBlend describes the e-juice as an “After-Dinner smooth and creamy flavors leave a lingering freshness and cooling sensation after vaping. A special mixture of mints blended into a creamy version of our very popular Dragon Signature Series.”
ECBlend sells hundreds of e-juice flavors in stores in various states as well as online, one of which is “Dragons Breath.” They had it trademarked back in 2012 according to the ruling. “The Mad Alchemist Elixirs & Potions” is also in the vape business and has retail stores in Kentucky and sells products online also.
According to the court’s ruling, the Kentucky company ignored ECBlend’s initial June 30th cease-and-desist letter as well as the complaint that was filed August 17. They were then served September 8, 2017, They have not appeared or defended themselves in this case through the time of the court’s ruling. Judge McShane granted ECBlend a permanent injunction against Mad Alchemist over the use of the trademark. ECBlend dropped their request for damages, although the judge allowed them to recover court costs associated with this matter.
Mad Alchemist’s “Dragon’s Breath” is advertised as “A very strong & spicy Vape with some cinnamon heat. Raspberry and Cinnamon.” As of Friday afternoon, it is still up on their site listed as such. The Judge ruled that they must remove the product from any and all of it’s advertising and it’s website. They have 30 days from the December 1 ruling date to report in writing that they have complied with the ruling.