VPR Brands, LP v. PHD Marketing, Inc.
Settled- Docket:
- 2:21-cv-03797
- Terminated:
- 2021-12-30
The case was settled with PHD Marketing agreeing to pay $85,000 and receiving a non-exclusive license.
Defendant
1 case as defendant.
PHD Marketing, Inc. is a privately held company based in Pomona, California, that imports, manufactures, and distributes electronic cigarettes and vaporizer products. Founded around 2006, the company operates as a small business with an estimated 1-10 employees. Publicly available information on its revenue and corporate structure is limited.
The company's business involves the distribution and sale of various e-cigarette and vaporizer products. Past product lines have included Square 82 Electronic Cigarettes, Starbuzz Electronic Cigarettes, and T-Vape. Until 2021, the company was also known for importing and selling a line of disposable vape pens under the "Bang" brand name. PHD Marketing has also been a party in California regulatory actions concerning its products, including a 2016 consent judgment related to the chemicals formaldehyde and acetaldehyde in e-cigarette devices and liquids.
PHD Marketing’s patent litigation posture is that of an operating company defending its products. The company has been tracked as a defendant in one patent case and has not been observed filing patent infringement lawsuits. This defensive profile is consistent with a company being sued over the technology used in its commercial products.
The company’s most notable tracked litigation is VPR Brands, LP v. PHD Marketing, Inc., filed in the Central District of California. In that case, VPR Brands, which holds patents related to vaporizer technology, sued PHD Marketing in May 2021 for alleged infringement of its patent on "auto-draw" or button-less e-cigarette technology. Separately, PHD Marketing was involved in a significant trademark infringement lawsuit, Vital Pharmaceuticals, Inc. v. PhD Marketing, Inc., brought by the creator of BANG energy drinks. In July 2022, a court ordered PHD Marketing to disgorge more than $10 million in profits and permanently enjoined it from selling "Bang" branded vapes.
The case was settled with PHD Marketing agreeing to pay $85,000 and receiving a non-exclusive license.