SKE files an appeal in the UK High Court, and the battle over the Crystal Bar trademark escalates

SKE files an appeal in the UK High Court, and the battle over the "Crystal Bar" trademark escalates

SKE is facing legal action over the "Crystal Bar" trademark and has filed an appeal with the UK High Court to challenge the previous ruling of the Intellectual Property Office. The Intellectual Property Office previously determined that SKE failed to prove goodwill and supported the other party's registration of the trademark.

 

According to The Grocer on December 12, the e-cigarette brand SKE is facing legal action for the "Crystal Bar" name used on its products.

 

SKE is filing an appeal with the UK High Court to challenge the previous ruling of the Intellectual Property Office (IPO), which allowed British wholesaler Bargain Busting to continue to register its "Crystal Bar" trademark applied for in 2022.

 

In addition, Bargain Busting also filed a trademark infringement lawsuit against SKE in the High Court.

 

SKE objected to the initial application when it was published, claiming that Bargain Busting knew that it had used the name and deliberately submitted the application to "disrupt" its business. SKE accused wholesaler owner Tashmeen Kaur of submitting applications on trademarks used by multiple other e-cigarette brands and called it "opportunistic behavior."

 

In the newly published IPO dispute proceedings, SKE argued that it had "soft-launched" the Crystal Bar device to some retailers and reviewers at the E-Cigarette Expo in London in December 2021, but failed to convince the officials responsible for the dispute that it had "accumulated certain trade and goodwill in the UK at this time."

 

Bargain Busting registered the trademark a few months later in May 2022.

 

The IPO pointed out in its ruling that

"The UK trademark system is based on the first-to-file principle. If a party wants to prove that it has prior rights, it must show its goodwill in the UK on the application date. SKE failed to prove that it had protectable goodwill on the relevant date of the application, resulting in the failure of its opposition."

It is reported that the SKE brand uses the "Crystal" name across its full range of disposable, refillable cartridges and e-liquid products.

 

Stephen Lowry, head of trademarks, copyright and designs at Brandsmiths, which is representing Bargain Busting in the legal proceedings, said the IPO's decision highlights the critical importance of conducting comprehensive and professional duplicate searches before filing and market use.

 

"Failure to conduct these searches can result in significant legal and financial consequences, including potential infringement claims and the possibility of re-branding. Due diligence is essential regardless of the size of the company."