• April 16, 2024

Federal Judge Tosses ‘Optimum’ Case for Last Time

 Federal Judge Tosses ‘Optimum’ Case for Last Time

Credit: Carolyn Franks

Credit: Carolyn Franks

It’s over. A New Jersey federal judge has thrown out a vape company’s trademark suit alleging Duracell US Operations Inc. infringed on its “Optimum” brand name trademark.

What A Smoke owns federal “Optimum” trademarks covering e-cigarette batteries and other products such as atomizers, tanks, and refill cartridges.

The judge stated there was “no evidence” of any “potential or actual confusion” between the two products, according to Law360.

What A Smoke filed suit asking for Duracell’s applications to register two federal “Optimum” trademarks to be rejected based on likely confusion with What A Smoke’s trademarks.

The suit was initially filed in October 2020.

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