Boston/ Retail & Industry
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Published on September 27, 2023
Boston's Dunkin' Serves New York E-Cig Company "Vapin' Donuts" a Trademark Infringement LawsuitSource: Google Street View

Earlier this month, Dunkin' Brands Group Inc. announced its decision to sue Singh Handicraft Corp., a New York-based e-cigarette company, for allegedly infringing on its trademark with its "Vapin' Donuts" branding. The lawsuit was filed in the New York federal court, naming Singh Handicraft Corp. and its CEO, Jayneet S. Dua, as defendants, as reported by NBC Boston.

According to Boston Bussiness Journal, Dunkin' claims that the branding of Singh's e-cigarette products is "nearly identical" to their own, which includes the "distinctive orange and pink color scheme and rounded font." The company states that Singh has replaced the word "DUNKIN'" with "VAPIN'" in the "DUNKIN' DONUTS (Stylized) mark and an electronic vaporizer for a coffee cup in the Coffee Icon." Furthermore, Dunkin' accuses Singh's company of selling flavored disposable vapes that resemble the flavors of Dunkin's own coffee products, such as white mocha and iced cappuccino.

The coffee giant's lawsuit also alleges that Singh has intentionally associated his vaping devices with Dunkin'. The devices are sold in two shapes—a coffee cup and a rounded shape intended to evoke a donut, according to Boston Business Journal. In the court documents, Dunkin' claims that customers have even expressed they purchased Singh's products out of affection for the Dunkin' brand.

Dunkin' further accuses Singh of targeting underage consumers with the flavors and shape of the products, which reportedly led to this lawsuit, as Green Market Report highlights. The Federal Trade Commission has previously warned other e-cigarette manufacturers against targeting underage consumers.

Prior to filing the lawsuit, Dunkin’s attorneys sent a cease and desist letter to Singh on August 23 and tried to contact him and his attorney through multiple mediums. However, they received no response, as reported by Boston Business Journal.

The lawsuit alleges multiple infringements, ranging from federal trademark and service mark infringement to unfair competition and false designation of origin. Additionally, it outlines trademark dilution and violations of New York's business and common laws.

If Singh Handicraft Corp. is found guilty, Dunkin' seeks an injunction, damages, and recovery of legal fees. The company argues that, besides being a violation of their trademark rights, such association could potentially harm Dunkin's reputation, especially given the marketing tactics that may target younger consumers.