| Section | Link to Section |
|---|---|
| ELFBAR | U.S. ELFBAR Imports Are Halted By An Injunction. |
| ELFBAR trademarks | VPR's ELF-Brand Vapes As Well As The Trademarks ELFBAR and ELF |
| phony ELFBARs | Look Out For Phony ELFBARs. |
Due to a lawsuit alleging trademark infringement, ELFBAR—possibly the most popular disposable vaporizer brand worldwide—will be changing its name in the US. The UK and other international markets will keep using the ELFBAR name.
In the United States, the brand will be known as EBDESIGN, though if the business wins the trademark challenge, it might revert to using the ELFBAR name. Within days, goods bearing the EBDESIGN trademark will start to arrive at ports in the United States.
The model numbers on EBDESIGN goods will not change; instead, they will become more noticeable on the product and its packaging. For instance, the BC5000 model number will show up substantially larger than the EBDESIGN brand on the most widely used ELFBAR instrument. The model number was dwarfed by the ELFBAR name.
There will be no changes to the other disposable brands produced by the parent business of ELFBAR. Among them are the Funky Republic and Lost Mary labels.
U.S. ELFBAR Imports Are Halted By An Injunction.
VPR Brands, a Florida-based business, is suing the parent company of ELFBAR, Shenzhen IMiracle Technology Co. Ltd., claiming ownership of the "Elf" brand for vaping products in the United States. (VPR has filed other cases alleging patent infringement and trademark infringement; these cases typically result in settlements.)
Additionally, VPR is suing a number of ELFBAR product master distributors in the US. It is permitted for a master distributor to purchase goods straight from the producer and resell them to additional distributors. Along with selling directly to consumers, several of them also sell straight to stores.
The action was submitted to the Southern District of Florida U.S. District Court last October. Judge Aileen Cannon of the District Court granted VPR's request last week for a preliminary injunction, which would stop IMiracle from importing ELFBAR-branded goods and their master distributors from selling them while the matter is pending.
Retailers and distributors who are not listed in the lawsuit are not legally endangered if they carry on selling current ELFBAR stock, until they get cease-and-desist letters from VPR, according to a person closely associated with the case. However, neither IMiracle nor the master distributors are bringing ELFBAR-branded items to the United States anymore.
According to a news release, IMiracle is asking Judge Cannon to postpone the preliminary injunction while it files an appeal. A petition to annul VPR's trademark has also been filed by one of the company's U.S. distributors with the U.S. Patent and Trademark Office appeal board.
VPR's ELF-Brand Vapes As Well As The Trademarks ELFBAR and ELF
In 2017, VPR Brands submitted an application for a trademark under the name ELF in the areas of "Electronic cigarettes; electronic lighters; and smokeless vaporizer pipes." 2018 saw the mark's registration. VPR submitted a trademark application for a "ELF" logo in September 2022.
The "Elf Auto Draw Conceal Oil Vaporizer" battery for cannabis carts is sold by VPR under the HoneyStick brand, but it doesn't appear that the company currently sells any nicotine vaping items under the Elf or Elf Bar names.
Recently, VPR released a website with pictures of nicotine vaping devices under the "ELF" brand that closely resemble IMiracle's ELFBARs, down to the model number. As per VPR, they will be "coming soon." But as of right now, no nicotine vaping product can lawfully be released onto the market without first obtaining FDA approval and filing a premarket tobacco application, or PMTA. The opportunity for launching new goods without first obtaining approval has closed, unlike the one that existed when IMiracle filed PMTAs for its ELFBAR devices that used synthetic nicotine last year.
Shenzhen Weiboli Technology Co., a subsidiary of IMiracle, filed a U.S. trademark application for the name ELFBAR in December 2020. However, it seems that the filer abandoned the application after failing to reply to correspondence from the trademark office.
The Chinese ELF BAR trademark was filed for in 2020 and has been held by IMiracle and its subsidiary Weiboli since it was registered in 2021.
IMiracle applied for and was granted a UK trademark in 2021 for ELFBAR. In Britain, this brand is the most often used disposable vaporizer.
Look Out For Phony ELFBARs.
Since the inception of the brand, there have been issues with counterfeit ELFBARs. Imiracle has taken extraordinary measures to address the issue. More than 2 million finished counterfeit ELFBAR products, millions of packaging boxes, anti-counterfeit codes, semi-finished vaping pipes, and other accessories were seized as the company "cracked down on more than 120 counterfeit production and sales targets, including factories, warehouses, logistics, and foreign trade companies."
The business has taken legal action against Chinese trademark infringers and closed down over 20 factories that produced ELFBAR knockoffs.
It's easy to check the legitimacy of ELFBARs and report sellers of phony ELFBARs.
Soon, American consumers purchasing ELFBAR-branded goods from retail establishments should exercise extreme caution. As previously mentioned, distributors essentially have no stock on hand as legal ELFBAR imports have ceased. The chance that any ELFBAR that is remaining on store shelves is authentic decreases with time.
