We regretfully learned on Thursday, February 23, that the United States District Court for the Southern District of Florida granted VPR's motion for a preliminary injunction, which would have required our partners to stop selling our ELFBAR-branded products in the US, in the ongoing trademark infringement dispute with VPR Brands, LP (VPR). Additionally, the court denied our request to add favorable consumer survey evidence, which we had recently acquired regarding the possibility of consumer confusion between our brand and VPR's, to the record for that motion.
We moved right away to appeal the district court's preliminary injunction ruling to the U.S. Court of Appeals for the Federal Circuit as soon as we learned of this order. Additionally, we have asked the district court to pause its ruling while we file an appeal. Additionally, one of our distributors has submitted a Petition for Cancellation of VPR's ELF trademark registration to the Trademark Trial and Appeal Board of the USPTO.
VPR filed this case against our brand and other distributors in October 2022, claiming patent infringement as well as trademark infringement of its registered ELF trademark. Over the past two years, VPR has brought multiple lawsuits alleging patent infringement against producers and sellers of disposable vaping products. When these lawsuits are contested on the merits, VPR frequently dismisses them voluntarily or settles for very small sums of money.
In this case, we have actively and tenaciously defended our legal position. We also intend to keep in close contact with our industry partners moving forward.
We will keep offering the same items with this registered design mark even though we are upset with the district court's preliminary judgment. We are the owners of a U.S. trademark registration for the unique bubble and flower design mark, which is well-known to our users. We have made the decision to introduce a new brand for these products, EBDESIGN, with the design mark displayed above, in order to protect the interests of our consumers and partners. We are acting to safeguard the EBDESIGN trademark both domestically and internationally.
The attributes of our previously branded items are also included in our recently branded EBDESIGN products. We really hope you will support our ongoing brand transition, which we are sure will be managed appropriately.
EBDESIGN products will continue to provide local customers with choice, quality, and trust because the U.S. is one of our main markets. We pledge to continuously provide excellent products and the best possible customer service.
