JUUL Labs, Inc. & Anor v Quick XUUL Ltd & Ors

JUUL Labs, Inc. & Anor v Quick XUUL Ltd & Ors

The Defendants infringed the Claimants’ registered EU trade marks by selling and advertising counterfeit and/or grey market JUUL products using identical or confusingly similar marks and designs, and passed off such goods as those of the Claimants. The Defendants’ arguments were unsupported by evidence or law, and there was no credible defence. The use of Xuul and Quick Xuul also constituted infringement and passing off due to likelihood of confusion and unfair advantage.

Parties
Claimant: Juul Labs, Inc.; Claimant: Juul Labs UK Limited; Defendant: Quick Xuul Limited; Defendant: Linda McVeigh; Defendant: Nicholas Jason Juul; Defendant: Gary Wilson; Defendant: Caxess Corporation
Jurisdiction
England and Wales
Judgment Date
22 February 2019
Procedural Posture
Intellectual Property (trade Mark) / Judgment After Summary Judgment and Strike Out Applications
Outcome
Judgment for the Claimants against the Company, Ms McVeigh, Mr Juul; judgment in default against Mr Wilson; proceedings ineffective against Caxess Corporation.
Legal Topics
Trade Mark Infringement, Passing Off, Summary Judgment, Injunctive Relief
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Summary Judgment Injunctive Relief

Case Brief

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Parties

Juul Labs, Inc.

Claimant

Juul Labs UK Limited

Claimant

Quick Xuul Limited

Defendant

Linda McVeigh

Defendant

Nicholas Jason Juul

Defendant

Gary Wilson

Defendant

Caxess Corporation

Defendant

Procedural Posture

Intellectual Property (trade Mark) / Judgment After Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the Defendants infringed the Claimants’ registered EU trade marks
  2. 2 Whether the Defendants passed off counterfeit or grey market goods as those of the Claimants
  3. 3 Whether the Defendants have any arguable defence to the claims

Ratio Decidendi

The Defendants infringed the Claimants’ registered EU trade marks by selling and advertising counterfeit and/or grey market JUUL products using identical or confusingly similar marks and designs, and passed off such goods as those of the Claimants. The Defendants’ arguments were unsupported by evidence or law, and there was no credible defence. The use of Xuul and Quick Xuul also constituted infringement and passing off due to likelihood of confusion and unfair advantage.

Court Disposition

Judgment for the Claimants against the Company, Ms McVeigh, Mr Juul; judgment in default against Mr Wilson; proceedings ineffective against Caxess Corporation.

Orders

  • Declarations of infringement of each of the four EU trademarks
  • Final injunctions restraining use of Juul, Xuul, Quick Juul, Quick Xuul, the Pod Sign or the Vaporiser Sign in the course of trade in ENDS products or otherwise infringing the EU trademarks or passing off