Vapouround magazine VM18 | Page 50

FEATURE CHUBBY GORILLA BEATS ITS CHEST FIGHTING BACK AGAINST A TIDE OF INTELLECTUAL PROPERTY THEFT BY GORDON STRIBLING In February, chewing gum manufacturer Wrigley filed a lawsuit against a US-based e-liquid company they accused of trademark infringement. The offending liquids were called Pink Starburst and Skeetlez. It was the second such lawsuit filed by the company in a year – the first being against another e-liquid company for their use of the names ‘Dbl Mint’ and ‘Joosy Fruit.’ While the vaping industry has cleaned up its image significantly since the pre-TPD days of ‘bathtub’ e-liquids, the issue of trademark infringement and intellectual property theft persists. Unscrupulous companies continue to profit from respected brand identities developed over many years and, in some cases, many decades. Of course, vaping is not the only industry to engage in IP theft. Earlier this year, US president Donald Trump decided to impose tariffs on $50 billion worth of imports from China in response to the alleged theft of American intellectual property. And in November 2017, the US Justice Department indicted three Chinese nationals in connection with cyber hacks and the alleged theft of the intellectual property. Chubby Gorilla’s Charles J. Archa mbeau knows all too well how intellectual property theft can impact upon a business. The company is, in his view, victim of the largest scale IP theft in the entire vaping industry. “We’ve been around for about three years, and this has been going on for at least two,” Charles said. “People are 50 | VM18 buying counterfeit bottles of clearly inferior quality and then we get complaints from customers who are ripped off by companies thinking it’s us. This has to end.” The success of Chubby Gorilla’s unicorn bottles has led some customers and people in the industry to believe that the name is a generic term for a type of e-liquid bottle. But that is not the case. “We want to educate people to be aware that Chubby Gorilla is both a patent and a brand and not a generic term for the type of bottles we produce,” Charles said. “We’ve worked incredibly hard to build this business. We have to protect the brand.” Frustrated with inferior copies flooding the market, the Chubby Gorilla team have started taking matters into their own hands. At IECIE in Shenzhen in April, several companies were forced to shut down their booths as solicitors moved in to seize counterfeit Chubby Gorilla products. The dramatic scenes were captured on video as a warning to others. On this, Charles said, “We’re not looking to be bullies. It’s about education. Everyone in the industry needs to be responsible and honest towards their customers. We make our products using virgin plastic and the highest quality components. Rip-off companies use recycled plastic. These practices give the industry a bad name.” This kind of behaviour reflects badly on an industry that