Trademark Infringement Case Filed Against Imperial Brands, International Tobacco Company; Plaintiffs 2ONE Labs and Performance Plus Marketing Allege Fraud, Seek Damages

Los Angeles, CA (September 24, 2024) – 2ONE Labs and Performance Plus Marketing have filed a trademark infringement lawsuit and a preliminary injunction against two subsidiaries of England-based Imperial Brands PLC in a California federal court, alleging fraud by one of the world’s largest tobacco companies.

The defendant, ITG Brands, LLC, based in North Carolina, is the third-largest tobacco manufacturer and distributor in the U.S. 

The lawsuit claims that Imperial’s “ZONE” products infringe on the plaintiffs’ 2ONE® tobacco-free nicotine pouch brand and that this infringement is willful. The plaintiffs are also seeking damages and the cancellation of Imperial’s “ZONE” trademark, which they allege was obtained through fraudulent means by Imperial’s subsidiaries.

For the past five years, the 2ONE® brand has been sold in thousands of convenience stores, grocery stores, and smoke shops across the U.S. However, in 2024, Imperial launched a competing product under the confusingly similar name “Zone.” The lawsuit claims that Imperial falsely stated an earlier use of the “Zone” mark in commerce, allowing them to fraudulently secure the trademark.

“We’ve had multiple instances of consumer confusion since Imperial launched the ZONE brand in 2024, and we’re committed to fighting this blatant infringement, no matter the size of the company,” said 2ONE Labs founder and partner Vincent Schuman.

The plaintiffs are seeking to cancel the defendants’ trademark, recover all profits, and obtain punitive damages.

The case (number 2:24-cv-08124) is being heard in the U.S. District Court for the Central District of California and is styled 2ONE Labs, Inc., and Performance Plus Marketing, Inc. vs. ITG Brands, LLC, and Imperial Tobacco Limited.

The plaintiffs are represented by Venable LLP, with Sarah Brooks as lead counsel.

 About 2ONE Labs: Founded by the pioneers of TFN® synthetic nicotine in the U.S., 2ONE Labs has been a leader in providing high-quality nicotine pouches to adult consumers.

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