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Found Mary denies patent infringement claims by Lost Mary

September 28, 2023

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UK vape firm Vapes Bars Limited said it ‘firmly refutes’ the accusations of trademark infringement and passing off against its Found Mary disposable vape brand.

The legal action has been initiated by iMiracle (HK) Limited, which owns the disposable vape brand Lost Mary, and UK-based wholesaler Green Fun Alliances Limited. iMiracle also owns the leading disposable vape brand Elfbar.

Vapes Bars said it has filed a comprehensive defense against the claims brought forth by iMiracle.

Earlier this year, Vapes Bars introduced the Vapes Bars Found Mary 600 range, featuring 18 flavours. The company asserted that the “design elements and colour schemes used are well-established within the industry and devoid of any distinctive character,” and refuted the claims of trademark infringement contending that the marks ‘Lost Mary’ and ‘Vapes Bars Found Mary 600’ are ‘significantly different’.

(Photo: lostmary.co.uk)

Vapes Bars also pointed out that the presence of the term ‘Mary’ in various other marks “weakens the uniqueness of the term itself”.

“Vapes Bars is steadfast in its determination to defend itself against the allegations raised by iMiracle. The company remains committed to safeguarding its reputation, upholding its innovative spirit, and preserving its standing within the vaping industry,” it said in a statement.

The company has enlisted Philip Partington, head of intellectual property at JMW Solicitors, and intellectual property counsels Michael Edenborough KC and Adrian De Froment to lead the case.

Established in 2021, Vapes Bars portfolio also includes an array of flavoured vapes, including favourites such as Ghost Wizz VBS22, Diamond 600 and Ghost 800.

A spokesperson for iMiracle confirmed the legal action in the UK.

“However at this stage, no further information can be provided. The company will always seek to safeguard its rights and interests in compliance with all applicable UK laws,” the spokesperson added.