Law360 reports that VPR Brands, which manufactures and sells Elf brand e-cigarettes, is likely to win its claim that Elfbar e-cigarettes infringe its e-cigarettes.

According to U.S. District Judge Aileen M. Cannon, VPR showed that there was a potential for confusion and that the company would be harmed if its Chinese competitor was allowed to continue selling Elfbar e-cigarettes.

In November, VPR requested that Shenzhen Weiboli continue to use the Elfbar trademark on the grounds that the alleged infringement would affect future sales, so VPR lost about 100 million US dollars.

VPR alleges that Shenzhen Weiboli not only infringes VPR’s Elf trademark, but also infringes its patents for vaping devices.

While there is no direct evidence that Shenzhen Weiboli deliberately adopted the elf mark to take advantage of an existing mark, Judge Cannon wrote that the company was well aware of the elf mark and that there was a potential for confusion because of the U.S. patent and for these reasons, the Trademark Office The registration of the Elfbar trademark was specifically refused.

The VPR welcomed the judge's decision.

“VPR is pleased that the court found Elf to be a strong mark and granted an injunction,” said Joel B. Rothman of Sriplaw, who represented VPR in the case. "The ban will allow VPR to take swift action against infringers and counterfeiters in the marketplace."

A lawyer representing Shenzhen Weiboli said the company intends to appeal the order.

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