For months now, we have seen the arrival on the vaping market of e-liquid manufacturers who no longer hesitate to use the name of renowned brands or products from the food industry in a roundabout way (Nutella, Chupa Chups, Tic- tac, Harlequin…). Obviously, this couldn't go on forever and the candy giants dislike the use of their brands without permission.
AFTER LUTTI AND FERRERO, CHUPA CHUPS LAUNCHES ACTION IN JUSTICE
After Ferrero, it is Perfect Van Melle (Chupa Chups) who is launching a legal action against an e-liquid manufacturer (Choops Liquids) having plagiarized the graphics as well as the label of the famous brand of lollipop.
« We launched a lawsuit to protect our Chupa Chups brand from unauthorized and inappropriate use. ».
As often in this situation, the Italian manufacturers of Perfetti Van Melle who produce and market the famous lollipops " Chupa Chups Did not procrastinate. Just enough time to communicate the start of legal proceedings against the manufacturer and distributor of " Choops Liquids »And all the resellers of the famous e-liquid received a message warning them of the plagiarism of a protected trademark.
This decision by Perfetti Van Melle is not the first concerning the vape industry, not long ago, Ferrero had already initiated a procedure to protect its products. Nutella et Tic Tac.
Despite the legal process, the "vice" of some e-liquid manufacturers does not seem to stop since dozens of e-liquids on the market imitate well-known products in the food industry. But these cases are setting a precedent that could well backfire on much of the vaping industry media. To avoid liability, sellers and distributors must decide to no longer sell or distribute those products which blatantly plagiarize protected brands.
FRENCH LAW PUNI COUNTERFEITING AND PLAGIATION
And this new market which blatantly hijacks protected brands is not without consequences. In French law, is punished by 3 years of imprisonment and a fine of 300 euros. :
- to hold without legitimate reason, to import or to export goods presented under a counterfeit mark
- offer for sale or sell goods presented under an infringing mark; to reproduce, imitate, use, affix, delete, modify a mark, a collective mark or a collective certification mark in violation of the rights conferred by its registration and of the prohibitions resulting from it
Source : Sigmagazine
