We have closely followed the ongoing lawsuit involving ELFBAR, one of the biggest-selling disposable vape brands globally. The company has been sued for trademark infringement in the United States and will rebrand its products under the name EBDESIGN in the US market.
However, the ELFBAR name will continue to be used in the UK and other international markets.
The Trademark Dispute and Legal Battle
The dispute began when VPR Brands, a Florida-based company, sued Shenzhen iMiracle Technology Co. Ltd., the parent company of ELFBAR. VPR Brands claimed that they have the rights to the “Elf” brand for vaping products in the US and that ELFBAR’s use of the name was causing confusion among their customers.
Consequently, Judge Aileen Cannon from the United States District Court for the Southern District of Florida granted VPR’s motion for a preliminary injunction, preventing iMiracle from importing ELFBAR-branded products and their master distributors from selling them while the case is being argued.
In response, iMiracle appealed the preliminary injunction and requested that Judge Cannon stay the pending appeal. Additionally, one of iMiracle’s US distributors has filed a petition with the US Patent and Trademark Office appeal board to cancel VPR’s trademark.
ELFBAR’s Rebranding as EBDESIGN
In the meantime, the company formerly known as ELFBAR will continue to manufacture its popular BC5000 vape devices under the new EBDESIGN name for the US market. The rebranded products will retain their existing model numbers, and these numbers will be displayed more prominently on both the devices and their packaging.
The newly packaged BC5000 and BC5000 ULTRA e-cigarettes will use the “EBDESIGN” name to comply with the judge’s order.
Legal Implications for Retailers and Distributors
It is important to note that retailers and distributors not named in the lawsuit are not in legal jeopardy if they continue to sell existing ELFBAR stock unless they receive cease-and-desist letters from VPR. Nonetheless, iMiracle has halted the shipment of ELFBAR-branded products to the US, and master distributors are no longer supplying them.
Keeping the Vaping Community Informed
As the case unfolds, we will continue to keep our readers updated on any new developments in this legal dispute and its implications for the vaping community in Australia and around the world.
