Honigman wins important preliminary injunction victory for Breeze Smoke LLC

Representing Breeze Smoke, Honigman won an important preliminary injunction victory in Breeze Smoke LLC v. Yatin Enterprises, Inc. Chief Judge Jarbou in the U.S. District Court for the Western District of Michigan held that the “unlawful use” doctrine does not prevent Breeze Smoke from enjoining the distributor and vape shop defendants. Defendants argued that because some of the Breeze Smoke products sold under the trademarks did not receive FDA approval, the products were illegal and the trademarks were thus invalid. Judge Jarbou rejected that argument, finding no basis in federal trademark law under the Lanham Act for such a defense to the preliminary injunction.

The Honigman team included Jeff Lamb, Mary Hyde, Jenna Saunders, and David Roulo. Read the full article here.

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