SAN JOSE – A juice maker for e-cigarettes is suing an Illinois corporation over a trademark dispute.

Shijin Vapor LLC filed a complaint Feb. 8 in the U.S. District Court Northern District of California, San Jose Division against Phoenix Ventures Inc. and Does 1-10, seeking a cancellation of trademarks based on trademark misuse.

According to the complaint, on Oct. 23, 2015, Shijin Vapor LLC received demands from the defendant to cease from using the Phoenix Tears trademark. The plaintiff alleges that it has been selling e-liquid products using the Phoenix Tears trademark since Jan. 19, 2014, and that the defendant registered Phoenix Tears on Sept. 23, 2014, for electronic cigarette components and accessories. The plaintiff claims that it does not infringe on Phoenix Venture's marks.

The plaintiff seeks a declaration that the defendants' ‘324 and ‘678 trademark registrations do not include e-liquids, attorney's fees, costs of suit and any other relief the court deems just and proper. It is represented by Ali Kamarei and Leyla Razavi of Inhouse Counsel Law Firm in San Jose in California.

U.S. District Court Northern District of California San Jose Division Case number 5:16-cv-00644

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Phoenix Ventures, InC

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