Originally posted on Seyfarth's The Blunt Truth blog.
I don't wanna grow up, I'm a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company operating in a not so kid-friendly field starts using a trademark similar to that of the TOYS R US mark?
In a case that blends nostalgia with modern controversy, Tru Kids Inc., the owner of the TOYS R US mark, filed suit in the U.S. District Court for the District of Connecticut against a vape and cannabis retailer operating under the name VAPE R US. The complaint alleges trademark infringement, dilution, false designation of origin, and unfair competition under both federal and state law. Tru Kids Inc. v. Vape R Us, Inc. et al, 3:25-cv-00781-VAB (D.Conn.).
At the heart of the dispute is the retailer's use of branding that closely mirrors the iconic TOYS R US trademark and others associated with the brand. According to the complaint, the vape shop's signage features multicolored bubble letters, a reversed "R" with a star, and even a depiction of Geoffrey the Giraffe. The long-standing mascot of the toy brand appears with a not so familiar "toy"—a vaping device.
A Question of Confusion and Tarnishment
Tru Kids argues that the similarities are not coincidental but calculated. The company claims that the vape shop is attempting to trade on the goodwill of the TOYS R US brand, misleading consumers into believing that there is an affiliation between the two businesses. The complaint emphasizes that Tru Kids has spent decades cultivating a "fun, safe, and kid-friendly image," and that association with smoking and drug-related products could irreparably tarnish that reputation.
If you came across the VAPE R US shop, would you really be confused into believing a toy retailer has entered the vape and cannabis market? Perhaps not. But Tru Kids may have another option to shut down the allegedly infringing use.
In addition to a likelihood of confusion claim, Tru Kids also pled dilution by tarnishment. Likelihood of confusion focuses on whether consumers will be misled as to the source of goods or services because of the same or similar marks offering the same or related services. Dilution claims, however, can succeed even in the absence of confusion. Dilution by tarnishment occurs when the distinctiveness of a mark is damaged by connection to something that is unflattering or unsavory.
Whether vaping or consumption of cannabis is unsavory is not for us to judge, rather the court.
Before the court may even consider that issue, Tru Kids must establish that its mark is "famous" under trademark law. A mark is "famous" if it is widely recognized by the general consuming public of the United States as a designation of source for certain goods or services of the mark's owner. Think a certain hamburger chain with colorful arches or a coffee shop with a mermaid on its door.
A Familiar Playbook
This isn't Tru Kids' first foray into defending its brand against cannabis businesses. In 2023, the company filed a similar suit against a Brooklyn-based dispensary operating under the ZAZA R US mark. These cases suggest a broader strategy: aggressively policing the TOYS R US brand against unauthorized use in industries that conflict with its core identity.
What's Next?
Tru Kids sent a cease-and-desist letter to Vape R Us on May 5, but it did not comply, which triggered the lawsuit. The case is now pending in federal court. If the court finds in favor of Tru Kids, it could open the door to injunctive relief, damages, and potentially even profit disgorgement. The latter remains a complex issue in cases involving federally regulated substances. This is a topic we've previously discussed. See https://www.blunttruthlaw.com/2025/03/a-raw-deal-court-opens-the-door-for-profit-disgorgement-in-cannabis-trademark-case/.
As the case unfolds, it may serve as a cautionary tale for businesses that attempt to parody or piggyback on well-known brands, especially when the industries involved are as divergent as toys and smoking products. For now, it seems like Vape R Us may have played with fire and could end up getting burned.
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