WM. Wrigley Jr. Company brought a trademark lawsuit against Chi-Town Vapers LLC, Chi-Town Labs and Robert Wilson, company owner, on July 13 in the US district court for the Northern District of Illinois Eastern Division.
It claims Chi-Town Vapers had adopted the trade dress of Wrigley brand Doublemint and Juicy Fruit by marketing and selling e-liquid flavors named ‘Double Mint E-liquid’ and ‘Joosy Froot’.
Wrigley: At odds with our anti-tobacco policy
Michelle Green, US marketing communications manager at Wrigley, told ConfectioneryNews: “The use of popular candy brands in the marketing, sales and promotion of e-cigarettes is a grossly deceptive and irresponsible.
“We strongly condemn these actions, which are directly at odds with our anti-tobacco policy and our strict marketing standards. “
We have contacted Chi-Town Vapers for comment, but have yet to receive a response.
The lawsuit alleges e-cigarette materials in chocolate and candy targets children aged under 18.
Legal letters from 2014
Wrigley said in the lawsuit its lawyers had written to Chi-Town in July 2014 to remove flavors allegedly marketed using Juicy Fruit, Skittles and Doublemint images.
It said Chi-Town removed the images, but reportedly continued to market flavors using the names Double Mint and DBL Mint from 2015, and in January 2017, resumed selling Joosy Fruit.
Wrigley alleged the e-cig frim used Wrigley’s double arrow design in product images on the Chi-Town website to promote the e-liquid flavors.
Wrigley is calling for a preliminary and permanent injunction to stop Chi-Town selling and promoting the products at issue.
It is also pushing for damages – treble any profits gained from sales of these products - as well as attorney fees.
Wm. Wrigley Jr. Company v. Chi-Town Vapers LLC; Chi-Town Labs, Inc.; and Robert Wilson
US district court for the Northern District of Illinois Eastern Division.
Case no.: 17-cv-5185
July 13, 2017