The manufacturer of China's well-known disposable e-cigarette brand "ELFBAR" has applied to a Georgia federal judge to prohibit the sale of its "low-qualit...
On July 18, according to a LAW360 report, the well-known Chinese disposable electronic cigarette brand "ELFBAR" manufacturer (iMiracle) has filed an application with a Georgia federal judge to prohibit the sale of its "low-quality" and "cottage version" by VPR Brands LP of the United States. electronic cigarette.
In its motion seeking a preliminary injunction against VPR Brands, iMiracle said that over the years, VPR Brands had seen ELFBAR become one of the "most successful brands in the country," but instead of attempting to compete fairly, it used "fraudulent" China's trademark registration blocked iMiracle and launched its own "copycat product".
The company stated:
"While VPR and its licensors are just starting to sell their copycat products, judging by our product's 'Original ElfBar' title, VPR's intention to capitalize on iMiracle's solid reputation and word of mouth is obvious."
VPR Brands originally filed the lawsuit in October 2022, alleging that iMiracle and others infringed on the rights to the Elf name because the company holds a registration with the USPTO. It relied on its own registration to convince U.S. Magistrate Judge Aileen M. Cannon to impose a preliminary injunction against iMiracle and others in February 2023, barring them from selling e-cigarettes bearing the Elf name.
Subsequently, VPR Brands launched its own line of disposable e-cigarettes – the Elfbar BP5000 and Elf VPR 7000. iMiracle claims that these products completely imitate iMiracle's ELFBAR electronic cigarettes, even including the same taste, shape and color scheme.
iMiracle alleges that VPR Brands’ immediate introduction of disposable e-cigarettes after it was banned from using the Elfbar name was an obvious attempt to confuse consumers and take advantage of the good relationship iMiracle had established with customers. iMiracle requested that VPR Brands be prohibited from selling products under the Elfbar name. They also demanded that the margin for the preliminary injunction be set at zero, stating that VPR Brands cannot say that normal profits have been lost.
Notably, when Judge Cannon banned iMiracle, she set the bond at $500,000, even though the companies claimed they would lose tens of millions of dollars as a result of the ban.
In June 2023, iMiracle filed a countersuit, while another Chinese company, GD Sigelei, also claimed that it first launched and sold the "Elf Tank" "sub-brand" in April 2016, so it has common ownership of the "Elf" name. Legal interests, these companies claim that VPR Brands' "Elf" trademark is invalid.
Additionally, VPR’s “Elf” trademark was copied during its 2017 interactions with another Chinese company, Clean Vapor Technology. The company, a third-party manufacturer and not a party to the lawsuit, remains VPR's supplier, but they allege that VPR did not acquire the rights to use the name from the company.
VPR Brands has filed a motion to dismiss the Georgia counterclaim, saying it should not be compelled to deal with third-party counterclaims brought by foreign entities, saying the first-to-file rule forces those suits to proceed in Florida.
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