American Cannabis Company Rises in Protest: Files Lawsuit Demanding Revocation Of The Lost Mary Trademark, Citing The Reason That The Product Being Sold Is Illegal.

A lawsuit has completely exposed the "grey areas" of the e-cigarette industry under the spotlight of the court.
On March 25, 2026, the Northern District Federal Court of California received a special complaint. The plaintiff was not a consumer nor a regulatory body, but a cannabis company named JLT Imports. The defendant was the leading brand in the e-cigarette industry - Imiracle and its well-known product "Lost Mary".
JLT's claim: Revoke the trademark registration of Lost Mary, as the products sold by this brand in the United States are illegal. "Your products are illegal, so the trademark should not be protected."
JLT Imports presented a rather aggressive legal logic in the complaint: Since the flavored disposable electronic cigarettes of Lost Mary did not obtain the pre-market tobacco product application (PMTA) authorization from the FDA, selling these products in the United States is illegal; and the trademark used to promote illegal products should not be protected by law.
This claim directly targets the core principle of the US trademark law - "legitimate commercial use".
According to JLT's statement, the FDA has sent over 40 warning letters to Imiracle, pointing out that the promotion, distribution, and sale of Lost Mary products violate federal regulations. The complaint further alleges that some of the packaging of Lost Mary products contains the statement "Only for sale in the United States", but due to the product itself not obtaining FDA approval, this promotion constitutes false advertising.
A more ruthless move is the "trademark abandonment" claim. JLT believes that according to the US trademark law, if a trademark is not used for legitimate commercial purposes for three consecutive years, it may be deemed as "abandoned". Since Lost Mary products are not legally sold in the United States, this trademark does not have continuous legal use in the United States and should be regarded as abandoned.
The source of the dispute: A "LOST" series trademark offensive and defensive battle
This lawsuit did not arise out of thin air. The feud between the two parties began in November 2024.
At that time, Imiracle submitted an objection application to the United States Patent and Trademark Office (USPTO) to oppose JLT Imports' application for trademark registration of its brand "LOST THC". Imiracle's reason was quite conventional: LOST THC is too similar to the Lost Mary trademark, which may cause market confusion.
JLT's response was not defense but "toppling the table" - directly filing a lawsuit with the court to fundamentally revoke the other party's trademark rights.
This "attacking to defend" strategy elevated a simple trademark opposition to a legal debate on product compliance and the relationship between intellectual property rights.
The industry shock: If successful, it could set a dangerous precedent
If this case follows JLT's claim, it could have a profound impact on the entire e-cigarette industry.
Firstly, it attempts to establish a new rule: FDA violation = loss of trademark rights. Currently, a large number of e-cigarette products in the US are in the "pending" state of PMTA application, with blurred regulatory boundaries. If the court determines that the trademark of unauthorized products is not protected, it will open up new avenues for competitors to challenge these trademarks.
Secondly, it touches on a long-standing legal grey area. Historically, the trademarks of illegal goods/services may still be protected, but they cannot be enforced against the illegal activities themselves. JLT's claim attempts to completely break this boundary.
Thirdly, it reflects the intensity of industry competition. As the e-cigarette market slows down, companies have begun to shift from "product wars" to "legal battles", using regulatory compliance issues as a competitive weapon.
The predicament of Imiracle: A tug-of-war between regulatory warnings and trademark value
Imiracle is not the first to be involved in legal disputes. As the manufacturer of Lost Mary and Elf Bar, this company has frequently been the target of FDA warning letters in recent years.
In December 2023, the FDA sent warning letters to 11 online retailers, instructing them to stop selling unauthorized e-cigarette products including Lost Mary, and explicitly stating: "The sale or distribution of e-cigarette products not authorized by the FDA is illegal in the United States."
However, there is a subtle tension between regulatory pressure and the value of the trademark. On one hand, the FDA warnings threaten the market access of the products; on the other hand, Lost Mary has become a globally renowned e-cigarette brand, and its trademark has significant commercial value. If the trademark is revoked, it not only means the loss of the US market, but may also affect the global brand layout.
Court appearance: First case management meeting in June
Currently, this case has been assigned to Judge Laurel Beeler of the Northern District Court of California for trial. The first case management meeting is scheduled to be held on June 25, 2026.
As of now, neither party has publicly commented on the lawsuit.
This case is worth密切关注 by all e-cigarette enterprises. It not only concerns the fate of the Lost Mary brand, but may also redefine the meaning of "legitimate commercial use" in the strictly regulated industry. In the context of slow FDA approval and uneven market compliance, how the court balances intellectual property protection and public interests will be a key point of interest.
Case information： Case number： 3：26-cv-02597 Trial court： United States Northern District Court of California Plaintiff： JLT Imports, Inc. Defendant： Imiracle (HK) Ltd. Information from this article： Law360, Justia Legal Database, PACER Court Record System.