On March 3, according to vaping360, ELFBAR, possibly the world’s largest selling disposable e-cigarette brand, has been sued for trademark infringement and will change its name in the United States. The ELFBAR name will continue to be used in the UK and other markets around the world.

The brand will become EBDESIGN in the US, but the company may revert to the ELFBAR name if the trademark dispute is ruled in its favor. EBDESIGN branded products will begin arriving at US ports within days.

The model number on EBDESIGN products will remain the same and will be more prominent on the device and packaging. For example, on the most popular ELFBAR devices, the BC5000 model will appear much larger than the EBDESIGN brand.

Other disposable brands produced by ELFBAR's parent company will remain unchanged. These include the Lost Mary and Funky Republic brands.

Injunction Suspends U.S. ELFBAR Imports

ELFBAR’s parent company, Shenzhen iMiracle Technology Co., Ltd., is being sued by VPR Brands, a Florida-based company claiming rights to the Elf brand of U.S. vaping products (VPR has engaged in other trademark and patent infringement litigation, often ending in settlements. )

VPR also sued several U.S. master distributors of ELFBAR products. A master distributor has the right to receive products directly from the manufacturer and resell them to other distributors. Some of them also sell directly to retailers and some directly to the general public.

The lawsuit was filed last fall in the U.S. District Court for the Southern District of Florida. Last week, District Court Judge Aileen Cannon granted VPR’s motion for a preliminary injunction barring iMiracle from importing ELFBAR-branded products and from selling them by its lead distributor while the case is debated.

Retailers and distributors not named in the lawsuit are not in legal jeopardy if they continue to sell existing ELFBAR inventory -- unless they receive a report from a source close to the lawsuit, according to sources close to the lawsuit. Cease and desist letter from VPR. But iMiracle no longer ships ELFBAR-branded products to the U.S., and neither do major distributors.

iMiracle is appealing the preliminary injunction and has asked Judge Cannon to stay the order pending appeal. A U.S. distributor of the company has also filed a petition asking the USPTO Board of Appeals to cancel VPR's trademark.

ELF and ELFBAR trademarks, and VPR's ELF brand of electronic cigarettes

VPR Brands applied for a trademark named ELF in 2017 under the category "Electronic Cigarette Lighters; Electronic Cigarettes". Electronic cigarettes; vaporizer tubes for smokeless cigarettes. The trademark was registered in 2018. In September 2022, VPR applied for the ELF logo trademark.

VPR does not currently appear to be selling any nicotine vaping products under the Elf or Elf Bar names, though it sells a cannabis vaping product called the Elf Auto Draw Conceal Oil Vaporizer under its HoneyStick brand.

VPR recently launched a website showcasing ELF-branded nicotine vaping devices that look very similar to iMiracle’s ELFBAR—even the model number. VPR says they are coming soon. However, no nicotine vaping product can now be legally placed on the market without first submitting a Premarket Tobacco Application (PMTA) and obtaining FDA authorization. There is no longer a window to launch a new product without first obtaining authorization, as there was last year when iMiracle submitted a PMTA for its synthetic nicotine-based ELFBAR device.

iMiracle subsidiary Shenzhen Weiboli Technology Co., Ltd. filed a U.S. trademark application for the name ELFBAR in December 2020, but it appears to have been abandoned after the submitter failed to respond to Trademark Office communications.

The Chinese ELF BAR trademark was applied for in 2020 and has been held since 2021 when it was registered by iMiracle and its subsidiary Weibaili.

The UK trade mark for ELFBAR was applied for and registered by iMiracle in 2021. The brand is the most popular disposable e-cigarette in the UK.

Beware of fake ELFBAR

Counterfeit ELFBARs have been a problem since the brand's launch. iMiracle goes out of its way to solve this problem. According to the company's introduction, more than 120 counterfeit production and sales targets such as factories, warehouses, logistics, and foreign trade companies have been eliminated, and more than 2 million counterfeit ELFBAR finished products, millions of packaging boxes, and counterfeit codes and semi-finished electronic cigarettes have been cracked down. Tubes and other accessories.

The company cracked down on trademark infringers in China, shutting down more than 20 factories producing counterfeit ELFBAR products.

Verifying the authenticity of ELFBARs using a QR code is simple, but the company also provides a form to report retailers selling counterfeit ELFBARs.

American consumers will soon be very wary of ELFBAR branded products sold in retail stores. As mentioned earlier, legal ELFBAR imports have stopped and dealers have very little stock on hand. As the days go by, it becomes less and less likely that any ELFBARs still on store shelves are genuine.

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