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Vape companies being sued by competitors over their use of the term "Puff" in its branding can't have the case thrown out because the plaintiffs have indicated they own one of the marks at issue, a California federal judge has ruled.
Defendants A1 Khalifa Group LLC, Overseek Investments LLC and Xtra Ecig LLC – which were sued over consumer confusion allegedly caused by the use of a mark similar to various "Puff" namesakes – also argued that plaintiffs PVG2 LLC and EVO Brands LLC illegally used the marks at issue in commerce.
But in an order on Monday, Central District of California Judge Andre Birotte Jr. rejected that argument, saying the allegation that all products sold were tobacco products that were adulterated or misbranded under the Food Drug & Cosmetic Act is not appropriate for resolution at the pleading stage.
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