Ai Miracle’s disposable e-cigarette brand elf bar will abandon the elf bar trademark after being involved in a trademark infringement dispute in the United States and replace it with the EBDESIGN trademark in order to avoid risks in the American market. The company recently issued a statement on the matter explained.

On Thursday, February 23, we were disappointed to learn that in an ongoing trademark infringement dispute with VPR Brands, LP (VPR), the U.S. District Court for the Southern District of Florida granted VPR's motion to cease sales in the United States by our partners A preliminary injunction of our ELFBAR-branded products and a motion to deny our motion to supplement the record of that motion with favorable consumer investigative evidence obtained in recent weeks regarding the likelihood of consumer confusion.

Upon learning of this order, we took immediate action to appeal the district court's preliminary injunction to the U.S. Court of Appeals for the Federal Circuit. We also asked the district court to stay its order pending appeal. One of our distributors has also filed a petition to cancel VPR's ELF trademark registration with the USPTO's Trademark Trial and Appeal Board.

In October 2022, VPR filed a lawsuit against our brand and several distributors alleging infringement of its registered ELF trademark and infringement of patents. Over the past two years, VPR has brought numerous lawsuits against manufacturers and distributors of disposable vaping products alleging infringement of alleged patents, when the claims were challenged on the merits or settled for relatively small amounts, These lawsuits are usually dismissed voluntarily.

We are vigorously defending our legal position on this matter and are in ongoing active communication with our industry partners, both of which we plan to maintain as we move forward.

Although we are disappointed by the District Court's preliminary order, we have a US trademark registration for the distinctive bubble and flower design marks that users are familiar with, and we will continue to offer the same products bearing that registered design mark. In order to protect the interests of our users and partners, we decided to launch a new brand called EBDESIGN for these products, and the design logo is as shown above. We are taking steps to protect the EBDESIGN trademark in the United States and elsewhere.

Our newly branded EBDESIGN products have the same functionality as our previous branded products. Please support our ongoing brand transformation, we believe we will handle this responsibly.

As the US is one of our main markets, EBDESIGN products will continue to provide choice, quality and trust to our local customers. We are fully committed to consistently delivering top-notch products and unparalleled customer support.

EBDESIGN Team

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