COLORADO – In May, 2020, Bud Bar Displays filed suit against “Smokus Focus” (aka SamDan LLC, Samuel Whetsel, and Daniel Russell-Einhorn, et al.) for knowingly and willfully infringing a patent held by Bud Bar Displays, (a Division of All Plastic, Inc.) through the sale of their “Jetpack” Display Jar. Smokus Focus sold this product directly through their website, via their Amazon store, as well as through their exclusive distributor, HBI International.
On February 10, 2021, a Colorado Federal Magistrate Judge ruled that there were enough facts alleged to maintain the individually named Defendants, Whetsel and Russell-Einhorn, in the suit, and their Motion to Dismiss them from the suit was denied: https://www.law360.com/articles/1353709/company-owners-can-t-dodge-cannabis-packaging-ip-suit
All Plastic and its Patent Attorneys had notified the individual defendants of their alleged infringement on the company’s U.S. Patent No. 10,384,834 as early as January 2020, but they (Whetsel and Russell-Einhorn) continued marketing the alleged infringing containers.
“We actively speak with cannabis shops, dispensaries, budtenders and store owners to make sure we’re on the right track with what the industry needs.We put our heart, soul and livelihood into creating these designs, applying for patents and doing all the right things, so it is very disheartening to have someone come along, take your intellectual property and copy our ideas,” said Will Smith, President of All Plastic, Inc.
About Bud Bar Displays
Bud Bar manufactures “Sampling Containers” and high-end display fixtures for cannabis shops, medical marijuana dispensaries and CBD stores. Proudly designed and made in the USA, Bud Bar Displays originated the “cannabis specific” display line now widely used throughout the industry and holds over 180 US and foreign patents.
Bud Bar Displays is a division of All Plastic, Inc., an award-winning acrylic design and manufacturing firm with more than 30 years’ experience in the store display industry.
The case is All Plastic Inc. v. SamDan LLC, et al., case number 1:20-cv-01318, in the U.S. District Court for the District of Colorado.
All Plastic Inc./Bud Bar Displays is represented by Ashley Lynn Kirk and Jason Haruo Wilson of Willenken LLP.