JLT Imports Inc., a cannabis product supplier based in North Carolina, USA, has filed a lawsuit seeking to cancel the “Lost Mary” vape trademark held by the Chinese company Imiracle (HK) Ltd. JLT alleges that the defendant uses the trademark to sell and market flavored disposable vape products that have not obtained premarket authorization from the U.S. FDA; consequently, the associated trademark is invalid ab initio (from the very beginning).
Key Points at a Glance
- JLT Imports Inc. seeks to cancel the “Lost Mary” trademark registration held by Imiracle (HK) Ltd.
- The plaintiff alleges that “Lost Mary” flavored disposable e-cigarettes have not received FDA premarket authorization.
- The lawsuit further claims that the FDA has issued over 40 letters identifying the sale, distribution, and marketing of “Lost Mary” products as unlawful.
- The dispute originated in November 2024, when Imiracle filed an opposition with the U.S. Patent and Trademark Office (USPTO) against the “LOST THC” trademark.
- JLT also asserts a false advertising claim, alleging that the packaging statement “For Sale in the U.S. Only” is untruthful.
JLT Files Lawsuit to Cancel “Lost Mary” Trademark
March 30, 2026 — According to a report by Law360, JLT Imports Inc. has filed a lawsuit in a California federal court seeking to cancel the trademark registration for the popular e-cigarette brand “Lost Mary,” currently held by Imiracle (HK) Ltd.
Claim: Trademark Invalid Due to Unlawful Product Sales
In its complaint, JLT asserts that Imiracle (HK) Ltd. cannot claim trademark rights to “Lost Mary,” as the products sold and marketed under this name are unlawful.
JLT contends that Imiracle has never obtained premarket authorization for its flavored disposable vapes; therefore, the “Lost Mary” trademark is invalid ab initio.
FDA Warning Letters Cited as Evidence
The complaint further alleges that the U.S. Food and Drug Administration (FDA) has issued over 40 letters stating that the marketing, distribution, and sale of “Lost Mary” products constitute unlawful acts.
Trademark Dispute Originates from “LOST THC” Opposition
The dispute between the two parties began with Imiracle’s opposition to the “LOST THC” trademark application.
According to the complaint, the conflict originated in November 2024, when Imiracle filed a Notice of Opposition with the United States Patent and Trademark Office (USPTO) in an attempt to block JLT’s trademark registration.
In its opposition, Imiracle alleged that “LOST THC” is confusingly similar to its own “Lost Mary” trademark.
JLT Seeks Trademark Cancellation and Declaratory Judgment
In addition to seeking cancellation of the “Lost Mary” registration. JLT has asserted claims of false advertising and is seeking a declaratory judgment to resolve the dispute.
Allegations of Trademark Abandonment
The plaintiff further contends that the trademark has been abandoned and challenges the promotional content featured on product packaging.
JLT argues that a trademark cannot validly exist if its use violates federal law.
JLT also asserts that Imiracle has effectively abandoned the trademark, citing a lack of lawful use of “Lost Mary” for three consecutive years.
False Advertising Claims Over Product Labeling
In addition to trademark cancellation, JLT has brought claims of false advertising.
The company points to the packaging statement “For Sale in the USA Only,” arguing that it is misleading because Imiracle has not obtained FDA approval to legally sell “Lost Mary” products in the United States.
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