Dunkin’, vaping manufacturer settle Vapin’ Donuts trademark lawsuit

Update:

• Dunkin’ Donuts and Vapin’ Donuts came to a settlement agreement over a lawsuit claiming that Vapin’ Donuts violated Dunkin’s trademark with its name.
• The companies did not reveal the terms of the settlement but asked a federal court in New York to give them 30 days to either file documents to fully resolve the case or a joint status report with the court.
• Defendants Singh Handicraft Corp. and Jayneet Dua filed for a trademark for Vapin’ Donuts for marks that were “nearly identical to the Dunkin’ marks, including the distinctive orange and pink color scheme and rounded font,” the lawsuit claimed.

Dunkin’ lawsuit overview:

• Who: Dunkin’ Brands Group Inc. has filed a lawsuit against Singh Handicraft Corp. and its CEO Jayneet S. Dua.
• Why: The defendants allegedly sell Vapin’ Donuts electronic cigarettes with a mark that infringes upon the distinctive Dunkin’ Donuts trademark.
• Where: The Vapin’ Donuts lawsuit was filed in New York federal court.

(Oct. 2, 2023)

A new lawsuit claims Vapin’ Donuts electronic cigarettes infringe on Dunkin’ Donuts’ registered trademarks.

Dunkin’ Brands Group Inc. and DD IP Holder LLP are suing Singh Handicraft Corp. and its CEO Jayneet S. Dua over the alleged Vapin’ Donuts copyright infringement.

The lawsuit notes Dunkin’ was founded in 1950 and has become the largest donut and coffee brand in the country. The complaint points out that the Dunkin’ marks are frequently presented in its distinctive orange and pink color combination and often include an image of a steaming cup of coffee.

“Dunkin’-branded restaurants and products generate billions of dollars in global sales each year,” the lawsuit claims, noting that the company prominently promotes its distinctive marks through advertising, marketing, rendering of restaurant services, and sale of goods.

The defendants allegedly applied to register an infringing trademark that is “nearly identical to the Dunkin’ marks, including the distinctive orange and pink color scheme and rounded font,” according to the lawsuit.

“Indeed, defendants have merely replaced the term ‘VAPIN’’ for ‘DUNKIN” in the Dunkin’ Donuts (Stylized) mark and an electronic vaporizer for a coffee cup in the coffee icon.”

Vapin’ Donuts products allegedly intended to appeal to consumers’ association with Dunkin’

Vapin’ Donuts products are offered in two shapes intended to increase consumers’ association with Dunkin’ Donuts, including an iced coffee shape and a rounded shape that resembles a donut, the lawsuit alleges. The company also allegedly offers vape flavors that are identical to flavors offered by Dunkin’ Donuts, such as “White Mocha Iced Cappuccino.”

The lawsuit claims that consumers have said that they purchase Vapin’s products “out of an affection for Dunkin’.” 

Dunkin’ says the Vapin’ Donuts infringing marks dilute the distinctive quality of Dunkin’s marks in violation of federal and New York trademark laws.

Earlier this year, Dunkin’ settled a class action lawsuit over allegations it refused to refund gift card balances of less than $5 in cash.

Do you think the Vapin’ Donuts mark infringes on Dunkin’ Donuts’ trademarks? Tell us what you think about the Dunkin’ lawsuit in the comments.

Dunkin’ Brands is represented by Natalie C. Clayton, Jason D. Rosenberg and Sarah Parker of Alston & Bird LLP.

The Vapin’ Donuts lawsuit is Dunkin’ Brands Group Inc., et al. v. Singh Handicraft Corp., et al., Case No. 2:23-cv-07068, in the U.S. District Court for the Eastern District of New York.

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