US Court Prohibit New Wave Sell “BREEZE” Nicotine Products

According to Law360, the Federal Court for the Eastern District of Michigan in the case of Breeze Smoke LLC v. New Wave Enterprise LLC has ruled to grant the plaintiff’s preliminary injunction to prohibit the defendant from using logos with “BREEZE” or similar elements on nicotine and related tobacco products, and to prevent related sales and marketing. The case number is 2:24-cv-12467.

1. The Federal Court for the Eastern District of Michigan has granted a preliminary injunction against Breeze Smoke, restricting defendant New Wave Enterprise LLC from using/selling “BREEZE” related identification products.
2. The defendant failed to respond on time and was absent from the hearing. And the court stated in the record that an injunction decision was made based on this.
3. The case involves trademark and trade dress infringement and unfair competition under the Lanham Act.
4. Breeze Smoke has recently obtained permanent injunctions against two wholesalers in another case. Be continuing to strengthen judicial protection for the “BREEZE” brand.

According to court documents. The defendant (New Wave Enterprise LLC) did not submit a written response to the injunction motion within the deadline set by the court and was absent from the hearing on May 9, 2025. In the subsequent written order. The judge pointed out that due to the lack of rebuttal materials from the defendant in the record. The court based on the evidence and arguments submitted by the plaintiff, determined that the injunction requirements (likelihood of winning, irreparable harm, balance of interests, and public interest) were met, and therefore issued a preliminary injunction.

This case belongs to a trademark and trade design dispute. The court order states that during the trial of the case, New Wave shall not continue to use “BREEZE” and related similar logos on its nicotine/tobacco related products, and shall not promote or sell them in a confusing manner. The judge also issued a status management order, restricting both parties from submitting additional documents before further notice, in order to facilitate subsequent procedural management.

In addition to this case, Breeze Smoke has recently received a permanent injunction in another related case (Breeze Smoke LLC v. Speed Wholesale, Inc. et al., 2:25-cv-10184). The court confirms that Breeze Smoke has prior and registered protection rights over the “BREEZE” series of logos, and issues permanent relief for the defendant’s infringement based on this.
Breeze Smoke is a brand that specializes in disposable vapes, offering multiple flavors and high nicotine content versions.

Reference: Vape Co. Can’t Resume Selling ‘Breeze’ Products – Law360

Breeze Smoke LLC is a Michigan limited liability company, registered around May 12 2020.