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SCOTTSDALE, Ariz. -- NJOY sued competitor Victory Electronic Cigarettes Corp. for patent and trade dress infringement. According to the lawsuit, filed in the U.S. District Court for the District of Arizona, NJOY alleges that Victory infringed patented technology used in the NJOY disposable King cigarette and that Victory electronic cigarette cases infringe NJOY's trade dress rights protecting its "uniquely identifiable" King case.
"Rather than innovate and develop its own distinctive technology, style and brand, [the defendant] improperly piggybacked on NJOY’s success and reputation by blatantly copying NJOY’s patented technology and protectable trade dress to sell its Victory Cigarette and Victory Case throughout the nation (including Arizona) through its online storefront (victoryecigs.com) and various convenience stores," NJOY stated in its complaint.
In a letter sent by NJOY in October, the company asked that Victory cease and desist manufacturing, promoting, advertising, distributing and selling of the alleged infringed products; remove all images and references to the infringing products from Victory Electronics' website; and recall all infringing products.
Nunica, Mich.-based Victory Electronics has yet to issue a formal response to NJOY's lawsuit.
Scottsdale, Ariz.-based NJOY products are currently sold in 80,000 stores nationwide.
NJOY is represented in the lawsuit by Perry Viscounty, Ryan Owens and Patrick Justman of Latham & Watkins LLP; and Andrew M. Federhar and Ray Harris of Fennemore Craig P.C.