Canton-based espresso store chain Dunkin’ is suing a New York vape firm for trademark infringement over its Vapin’ Donuts product line, which makes use of comparable coloring and lettering to the enduring Dunkin’ brand.
Filed Sept. 22 in a New York federal courtroom, the lawsuit asks for a jury trial, and seeks damages from Singh Handicraft Corp., which manufactures and sells the merchandise. It additionally asks for a decide to grant an injunction ordering Singh Handicraft to not solely cease advertising and gross sales of the Vapin’ Donuts merchandise, however to additionally destroy current advertising and merchandise.
Dunkin’s emblems “serve to establish to the general public sure items and providers which are provided by Dunkin’ alone, and the products and providers provided in reference to the DUNKIN’ Marks are regarded by the general public as being [offered or approved by] Dunkin’,” the lawsuit reads.
“Defendants’ adoption and use, in dangerous religion, of the practically similar Infringing Mark, with out Dunkin’s authorization or consent…is prone to confuse, mislead, or deceive the general public as to the true supply, origin, affiliation, or sponsorship of Defendants’ items.”
The lawsuit alleges that the Vapin’ Donuts brand is “practically similar” to Dunkin’s, because it consists of each Dunkin’s “distinct orange and pink shade scheme and rounded font.”
“Certainly, Defendants have merely changed the time period ‘VAPIN’’ for DUNKIN’ within the DUNKIN’ DONUTS mark, and an digital vaporizer for a espresso cup within the Espresso Icon,” the lawsuit reads.
Dunkin’ alleges within the lawsuit that Singh Handicraft not solely used the logos it considers to be infringing upon its rights to market their product, but additionally tried to trademark the brand new icon. The lawsuit asks a decide to order the vape firm to desert this trademark software.
But it surely’s not simply the brand that’s an issue, the lawsuit alleges. The Vapin’ Donuts merchandise – one which’s formed like a espresso cup and one that appears like a glazed donut – are additionally allegedly infringing on Dunkin’s trademark rights as a result of they seem like Dunkin’ merchandise.
Moreover, the lawsuit alleges, Singh Handicraft allegedly labored to create a good larger affiliation with Dunkin’ by providing vape flavors similar to Dunkin’s, resembling white mocha.
One other method the vape firm tries to hyperlink the 2 manufacturers is through the use of the identical hashtags Dunkin’ makes use of when advertising on Instagram, the lawsuit alleges. The lawsuit consists of footage of Vapin’ Donuts’ posts, which present it utilizing hashtags resembling #espresso, #drip, and #donutsforlife.
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The lawsuit alleges that individuals who purchase Vapin’ Donuts merchandise have mentioned they did so due to the affiliation with Dunkin’, citing feedback from a vape reviewer on YouTube. It additionally chastises Singh Handicraft for allegedly “trying to focus on underaged shoppers with the flavors and form of the merchandise,” one thing the FTC has mentioned is illegitimate.
“Defendants’ use of the Infringing Mark in reference to such morally reprehensible and unlawful conduct harms Dunkin’s repute and the goodwill related to the DUNKIN’ Marks,” the lawsuit reads.
Neither Dunkin’ nor Singh Handicraft responded to a request for touch upon the lawsuit.
Learn the complete lawsuit beneath:
Dunkin Trademark Infringement Lawsuit by Susannah Sudborough on Scribd
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