Shenzhen Youme Information Technology Co., Ltd. (“Youme”) is the Shenzhen, China-based manufacturer of all Suorin-branded vaping products (the company is referred to as “Youme” hereinafter). Youme, through itself and its predecessors, has developed and acquired a substantial trademark portfolio for the Suorin brand, and is the registered owner of incontestable trademarks in both China and the United States (collectively, the “Suorin Marks”), including the name mark SUORIN, the design mark: and the registered Suorin word and design mark: Youme retains full and exclusive rights to and ownership of these marks. Suorin-branded products have acquired increasing popularity globally and tremendous public recognition as quality products, as Youme, through itself and its predecessors, devotes substantial efforts and invests significant sources into developing, promoting, and advertising its products and services in connection with the Suorin marks.
It has been brought to our attention that the operator of www.suorinusa.com (“Suorin USA” hereinafter) has been unlawfully infringing Youme’s incontestable registered Suorin Marks in numerous ways, including by using the Suorin name mark in his website’s domain name, www.suorinusa.com, throughout the website, and in the website’s online marketing materials without Youme’s authorization. Such unauthorized uses of the Suorin Marks have caused consumers, regulators, and some social media platforms substantial confusion, as they have incorrectly concluded that the website and associated retail business is affiliated with and sponsored by Youme. The website operator’s activities have also resulted in regulatory inquiries and the filing of separate civil actions against it by various state and local governments in the United States, each contending that the website operator is violating state and municipal law by, inter alia, illegally marketing and distributing its vaping products in jurisdictions where either the products or the online sale thereof is prohibited or by selling to underage individuals.
In order to avoid losses of our customers and harm to public consumers, and to prevent further infringement of Youme’s legal rights, we announce that:
1. The website of https://www.suorinusa.com is not the official website of, or in any way associated with, Youme or Suorin-branded products. The sole and only official website of Suorin-branded products is https://www.suorin.com.
2. Neither Suorin USA nor the operator/owner of https://www.suorinusa.com is affiliated, or in any way related to, Youme. The operator and owner of the website of https://www.suorinusa.com is not Youme’s affiliate, shareholder, manager, employee, agent, or a representative that is entitled or permitted to act on behalf of Youme in any fashion or manner whatsoever.
3. Youme has never granted Suorin USA or its operator/owner any license or right to use the Suorin Marks, including in its domain name, on its website, or in its marketing materials for the promotion, marketing, sale, or offer for sale of any Suorin-branded products.
4. Suorin USA’s advertising and promotional activities of vaping products have more than once been alleged to violate state, and municipal law by various state and local governments in the United States. Youme has no tolerance for any marketing activities or sales of vaping products to underage individuals or otherwise in violation of state or federal statutes through the unauthorized and infringing use of the Suorin Marks. We warn consumers and relevant regulatory authorities that any such marketing activities or sales of vaping products are individual behaviors of the operator/owner of www.suorinusa.com, and are not in any way associated with, or otherwise attributable to Youme.
5. Any unauthorized use of the Suorin Marks by any entity or individual constitutes an infringement of Youme’s incontestable rights in violation of federal and state trademark laws in the United States. We demand that each and every such infringing entity and/or individual immediately cease and desist such unlawful and infringing use of the Suorin Marks. We reserve the right to take any and all necessary legal actions and pursue all remedies available to us to protect our rights and interests without warning at any time. Very truly yours, Shenzhen Youme Information Technology Co., Ltd.
Very truly yours,
Shenzhen Youme Information Technology Co., Ltd.