In a Thursday complaint field in the Western District of Oklahoma, vaping products company JUUL field suit against Vearaima Inc., alleging that the retail establishment operated by the defendants has been selling counterfeit JUUL products.
“The Counterfeit Goods sold by Defendant bear counterfeit and confusingly similar imitations of the JUUL Marks in a manner likely to be confused with genuine JUUL Products,” the complaint said.
The complaint was filed against an entity that operates an Oklahoma City retail establishment, which appears to be a food mart attached to a Valero gas station. According to the complaint, a JUUL representative purchased a counterfeit item from the store two years prior to the filing of the suit.
The products at issue are “fake, copied, and non-genuine versions of JUUL Products and related packaging” made by non-parties.
The vaping company brought suit only after sending a cease a desist letter to the operator of the establishment. The December 2019 letter provided notice that the items old by the defendant were counterfeit, demanded the halt of sale, and asserted the company’s trademark rights in the products.
However, JUUL confirmed another sale in July 2020. According to the plaintiff, “Defendant’s infusion of the Counterfeit Goods into the marketplace reflects adversely on JLI, results in economic loss to JLI including loss of sales of genuine JUUL Products, damages the goodwill of the JUUL brand, and thwarts JLI’s honest efforts and considerable expenditures to promote its genuine JUUL Products using the JUUL Marks.”
JUUL is represented by GableGotwals.
