Alien Trademark In Court

Posted 13th February 2018 by Dave Cross
Mike Sarieddine is the owner of Alien Vape® and believes that this registration extends to anything vape-related with the word ‘alien’ in it. To this end he is an active litigant, seemingly always ready to rush to court to address perceived wrongdoing. His latest court document claims a small company called Alien CloudVapes is breaching his trademark.

“Alien Vape is driven by an unearthly desire to inspire smokers across the galaxy with our passion for vaping. We believe vaping is the future for all mankind. It is our opinion that our prosperity as a human race is predicated on our efforts in designing and deploying products that promote a vape lifestyle.”

Sarieddine’s website shows that, along with providing some nifty space graphics, his “widely respected” company sells four types of branded juice, a couple of T-shirts, a hat, a dripping hybrid and (possibly) the world’s most expensive CE4 atomiser – even if it does have a “titanium coil for your ultimate experience”.

The current source of Sarieddine’s angst is a vape store called Alien CloudVapes. Their website is a must more simple affair and, bar a passing similarity in name inspiration, appears to have nothing in common with Alien Vape®; none of the brands sold by the CloudVapes hold anything in common with Sarieddine’s limited range.

Possibly it’s because Alien CloudVapes sell Smok products?

In his complaint to the U.S. District Court for the Central District of California, Sarieddine states that he has been selling his “high-quality electronic cigarette products to consumers” since 2008 [case number 2:18-cv-00077-MRW]. He is seeking “trial by jury, exemplary or punitive damages, pre-judgment interest, costs of action, and all other relief the court deems just and proper”.

But then this is not news as Sarieddine has been here before.

Taking issue with Smok introducing its “Alien Kit” range, he obtained a settlement agreement where Smok apparently agreed to purchase 3,000 bottles of his eliquid per month at $5 per bottle. Sarieddine was very miffed when Smok didn’t bother to do any of the things in the 2016 trademark settlement agreement – making one solitary order of $15,000.

To that end, he then took them and a host of others to court, which included Madvapes, Rip Tripper, Vapour Authority and a host of others. All of those listed alongside Smok were there because they sold Smok Alien products in California.

Upsetting Sarieddine more than Smok not paying up on the settlement was that they’d now extended the range to include the ‘Alien Baby’ atomiser. No finding has been detailed from this speculative action and the lawyers responsible have not responded to a call asking for details.

Given that Sarieddine is predisposed to hunting out similar sounding names to legally harass, maybe Allen Vapes ought to change his name?

 Dave Cross
Article by Dave Cross
Freelance writer, physicist, karateka, dog walker