A North Carolina–based cannabis products supplier, JLT Imports Inc., has filed a lawsuit in California federal court seeking to cancel the trademark registration for “Lost Mary,” the popular disposable vape brand owned by Chinese company Imiracle (HK) Ltd.
At the heart of the case is a straightforward argument: JLT claims the Lost Mary trademark is invalid because it has been used to sell products that violate federal law. According to the complaint, Imiracle never obtained premarket authorization from the FDA for its flavored disposable vapes—something the company says makes the trademark unenforceable from the start.
JLT points to more than 40 communications from the FDA stating that marketing, distributing, and selling Lost Mary products is illegal under current regulations.
The Dispute Started With a Trademark Challenge Over “LOST THC”
The legal battle didn’t come out of nowhere. Back in November 2024, Imiracle filed a notice of opposition with the U.S. Patent and Trademark Office, aiming to block JLT’s own trademark application for “LOST THC”—a brand tied to JLT’s vape products. Imiracle argued that “LOST THC” was too similar to its Lost Mary mark, setting the stage for the current dispute.
Abandonment and False Advertising Claims Add More Pressure
JLT isn’t just going after the trademark on regulatory grounds. The company also argues that Imiracle effectively abandoned the Lost Mary mark by failing to use it lawfully for three consecutive years.
On top of that, JLT brings a false advertising claim. The packaging for Lost Mary products reportedly includes a label stating they are “authorized for sale in the U.S.”—a claim JLT says is misleading, given the lack of FDA approval for the products.
With the lawsuit, JLT is asking the court to cancel the Lost Mary registration, rule on the underlying trademark dispute, and address what it calls deceptive marketing practices tied to the brand.