A federal judge ruled today against Fantasia Distribution in its trademark lawsuit against multiple vape manufacturers for using the words “ice” and "iced" to describe their products. Fantasia had claimed the terms were protected trademarks.
In today’s decision, U.S. District Judge Kiyo Matsumoto for the Eastern District of New York found that the terms “ice” and “iced” are generic when used to describe e-liquid and vaping or smoking products. Many manufacturers of e-liquid and disposable vapes use the terms as flavor descriptors that denote a cooling sensation.
“Ultimately,” wrote the judge, “Fantasia presents no evidentiary facts creating a genuine dispute as to whether “ice” or “iced” are generic to tobacco products and liquids for smoking products like electronic cigarettes and vaping devices, and thus no reasonable jury could find for Fantasia.”
In his summary judgment, Judge Matsumoto granted the defendants’ motion to cancel Fantasia’s two “Ice” trademarks, leaving vape manufacturers and retailers free to use the term without fear of legal action by Fantasia. California-based Fantasia, which primarily sells hookah products, obtained the “Ice” trademarks in 2011 and 2014.
Last year, lawyers purporting to represent Fantasia contacted retail vape shops around the country, threatening legal action if the shops didn’t cease selling products using the “ice” descriptor. Cease-and-desist letters from the lawyers demanded a detailed accounting of past sales of "ice" products, and in some cases the lawyers suggested cash settlements with retailers to avoid a lawsuit. It’s unclear if any vape shops agreed to Fantasia’s demands.
The trademark lawsuit, filed in 2020, originally named six defendants: Access Vapor, Cool Clouds Distribution, Limitless Trading Co., Myle Vape, Pop Vapor Co. and Romeo Vapors. Myle Vape and Cool Clouds were not part of the final decision. Despite the dismissal, Judge Matsumoto did not award the defendants attorneys’ fees.
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