Breeze Smoke, LLC and Trucenta Holdings, LLC trademark dispute
Trucenta Holdings, LLC Moves to Amend Complaint in Trademark Dispute with Breeze Smoke, LLC.
Ongoing dispute between Breeze Smoke, LLC and Trucenta Holdings, LLC was updated on 16th November 2021 when Trucenta moved for leave to file second amended counterclaims in the Eastern District of Michigan Southern Division.
Both the companies have filed crossclaims against one another for trademark infringement and unfair competition over their respective uses of the word “breeze” in their cannabis products. Both companies have filed numerous trademark applications with the U.S. Patent and Trademark Office (USPTO) and claim to have started using the breeze mark in early 2019. For their claims each company is seeking injunctive relief and damages.
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The latest development in the proceedings have been made on behalf of Trucenta, who is trying to amend their claims. Trucenta recently filed a second amendment counterclaim alleging that Breeze Smoke committed fraud when attempting to register the e-cigarette trademark with the USPTO and TTAB.
Breeze Smoke had previously sought to enjoin Trucenta’s use of Breeze marks since Breeze Smoke had “valid trademark rights in its Breeze Marks” and Trucenta was using Breeze marks on products that were “unlawful under federal law and therefore could support any claim for trademark rights.”
Trucenta’s trademark application is currently pending by a Breeze Smoke application based on the misrepresentation of having trademark rights. Trucenta is currently seeking an amendment to their allegations which would include a count of fraud based on “Breeze Smoke’s failure to disclose to the USPTO, including the TTAB that it has no lawful use in commerce of its electronic cigarettes.”