Does it set a new precedence? (could be)
Will this cool the replica market? (doubt it 🙂 )
Will it make vendors think twice about carrying replicas? (perhaps)
Could it make carrying, selling, and openly displaying replicas very expensive for vendors? (potentially)
Will it change anything at all? (TBD)
You be the judge!
Like with all things vaping, there are those who will cheer this judgement and those who will condemn it.
Here is an excerpt from the judgement…
CONCLUSION
For the reasons stated above, the Court:
(1) GRANTS Plaintiff’s motion for default judgment.
(2) GRANTS Plaintiff’s request for a permanent injunction. Defendant and each
of its agents, servants, employees, attorneys, and those persons in active concert or
participation with any of them are HEREBY ENJOINED from:
(a) using the HANA MODZ mark, or any colorable imitation thereof or
confusingly similar term, in the electronic cigarette market, without
authorization from Plaintiff;
(b) using the Hana Modz logo, or any colorable imitation thereof or
confusingly similar logo, in the electronic cigarette market, without
authorization from Plaintiff;
(c) advertising, marketing, promoting, selling, distributing, or otherwise
commercially using the designation “clone,” “1:1 clone,” “copy,” or
similar phrase in connection with the use of the HANA MODZ mark,
Hana Modz logo, and Hana Modz copyrighted content.
(3) GRANTS Plaintiff’s request for statutory fees in the amount of $300,000.
(4) GRANTS Plaintiff’s request for $7,974 in costs and attorney’s fees.
IT IS SO ORDERED.
Read the full judgement HERE (PDF file).
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