Shijin Vapor LLC v. Bolt USA, LLC

BACKGROUND

18 This declaratory judgment suit arises out of an alleged trademark infringement. 19 Plaintiff Shijin Vapor, LLC (“plaintiff”) is the manufacturer of e-liquids for use in electronic 20 cigarettes, vaporizers, and similar products. Complaint, ¶ 7. Some of plaintiff’s products 21 were marked with the name “Bolt” and were sold through a third-party, VaporDNA. Id., 22 ¶ 29. 23 On or about April 30, 2020, defendant Bolt USA, LLC (“defendant”) applied for 24 multiple trademarks on the word “Bolt” and on a stylized “Bolt” logo. Complaint, ¶¶ 11-24. 25 On or about May 12, 2020, defendant sent a cease and desist letter to VaporDNA, 26 27 identifying plaintiff’s products as allegedly infringing defendant’s trademarks. Complaint, Ex. 2. Defendant’s letter directed VaporDNA to confirm that it would stop using the marks and provide a detailed financial accounting of all allegedly infringing products. Id. Defendant’s letter further stated that it would “take any and all available legal action, including filing a civil suit” and that it would “take action without further notice or demand” if the letter’s requests were not met. Id. On June…