Juul, the American firm that popularized the electronic cigarette with young people, does not like to be shaded on its lands. The US e-cigarette market leader, Juul Labs Inc, and its Swiss subsidiary, Juul Labs Switzerland Sàrl, claim to be victims of abuse in Switzerland, linked to the Kartz brand. It would somehow imitate its products. Kartz would be controlled by a company domiciled in the canton of Geneva, in Carouge.
To defend its interests, Juul Labs Switzerland mandated the law firm of Zurich Walder Wyss SA. As far as we know, the Swiss subsidiary of Juul and its lawyers did not direct their offensive against the owners of the brand in question as a priority, but against tobacco dealers who were supposed to distribute it. Like the Genevan Farhad Zahedi: “I offered Kartz electronic cigarettes in my store last fall. But it didn’t last more than a month. I didn’t keep any longer. My customers show no interest in electronic cigarettes. No more for the Juul than for the Kartz. ”
Crucial element
Juul’s message, expressed in a letter from Me Markus Frick and Me Manuel Bigler, turns out to be quite frontal: “Products from the Kartz brand violate the intellectual property rights of Juul Labs, including those relating to the design of the cartridge of a spray system. It is registered in the Swiss design register. After inspecting models of Kartz Pods, our client also confirms that they fall within the scope of protection of one of his patents. ”Crucial element in this dispute: cartridges of the Kartz brand would also be compatible with Juul products.
The lawyers of this firm insist on the consequences linked to violations of intellectual property rights, such as the destruction of stocks of goods bearing the disputed mark. The recipients of the letter from Juul’s lawyers have been notified. They will have to provide the identity and contact details of their suppliers by next week.
In this case, it is most often the company Posttchi, a wholesaler specializing in items sold at kiosks, domiciled near Genève Aéroport. “We started with the offer of Kartz products throughout French-speaking Switzerland a few months before Juul’s debut on the Swiss market (editor’s note: in December 2018). But we have not received an order for about two months. In fact, Juul’s threats do not seem serious to me because the Kartz products didn’t work, “a Posttchi administrator told us.
Promoters of the Kartz brand do not lack ambition on their site. They present themselves as the first Swiss company specialized in the manufacture of vaping articles. “Our company was created by former engineers from EPFL (Federal Polytechnic School of Lausanne) and designers. Their goal is to provide an appropriate device for smokers of e-liquids. Our team foresees a world where more and more smokers want to find alternatives to cigarettes ”, indicates the management of Kartz Sàrl on its site.
Like leaders
In terms of communication, the leaders of this company are therefore hardly distinguishable from the market leaders. “And on the Net, visually, the cartridges of this brand immediately strike by their resemblance to those of Juul. Obviously, “says Nicolas Michel, a trader specializing in electronic cigarettes, in Lausanne. Such resemblance is intolerable, at least in the eyes of Juul. The Californian multinational cannot in fact accommodate the slightest ambiguity in a market, however small it may be.
“Our company continues to protect itself, with the greatest vigilance, against the damage of counterfeits. These expose consumers to risks resulting from quality defects. Items not complying with the law are sold on the Internet or at traditional retailers. They are manufactured with unknown components and constitute significant health risks ”, notes Sadi Brügger, head of communications for Juul in Switzerland.
Teen Success
In short, even a giant like Juul does not want an unreliable competitor, even if the commercial stakes can seem trivial. The Juul brand is certainly young, but it is a success story that protects itself. It was created by Uncle Sam in June 2015. Its promoters only needed three and a half years to snub the biggest tobacco manufacturers across the Atlantic, all of whom are suffering from a severe erosion in demand for cigarettes. .
Whether British American Tobacco (owner of brands as well known as Lucky Strike, Barclay or Pall Mall) or Altria Group and its Marlboro, the spectacular performances of Juul quickly stimulated a trend of consolidation in the sector. Especially since the sales of e-cigarettes increased by 80% in the United States between 2013 and 2018. And Juul controls three quarters of this market! Its success ended up worrying health authorities, fearing that electronic cigarettes might appeal to non-smoking adolescents.
Created: 16.01.2020, 22h01
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