ELFBAR, one of the world's largest disposable vape brand, is facing a lawsuit for trademark infringement and will change its name to EBDESIGN in the United States. This is due to the claims of VPR Brands, a Florida-based company, that it owns the “Elf” brand for vaping products in the US. Shenzhen iMiracle Technology Co. Ltd., the parent company of ELFBAR, is the target of the lawsuit. While the ELFBAR brand will remain in the UK and other countries, EBDESIGN-branded products will soon be arriving at U.S. ports. The model numbers on EBDESIGN products will remain the same, with the ELFBAR name replaced by EBDESIGN.
Retailers and Distributors at Risk
VPR Brands is also suing several US master distributors of ELFBAR products, including those authorized to receive the products directly from the manufacturer and then resell them to other distributors, some of which sell directly to retailers or the public. The lawsuit was filed in the US District Court for the Southern District of Florida last fall. The motion for a preliminary injunction was granted by District Court Judge Aileen Cannon, preventing iMiracle from importing ELFBAR-branded products and their master distributors from selling them while the case is argued.
Retailers and distributors who are not named in the lawsuit are not legally at risk of selling existing ELFBAR stock unless they receive cease-and-desist letters from VPR. However, iMiracle is no longer shipping ELFBAR-branded products to the US, and master distributors are no longer supplying them. iMiracle is appealing the preliminary injunction and has asked Judge Cannon to stay the injunction pending appeal. One of the company’s US distributors has also filed a petition asking the US Patent and Trademark Office appeal board to cancel VPR’s trademark.
Who is VPR Brands?
VPR Brands, LP is a holding company that specializes in atomization-related products, such as technology for medical marijuana vaporizers, electronic cigarette products and components, as well as pocket lighters. The company is also involved in product development for the vaping market, including e-liquids. The company's electronic cigarette e-liquids are marketed as an alternative to tobacco-burning cigarettes. It serves markets for vaping products in the United Kingdom, Japan, and the United States.
Under the DISSIM brand, the company designs, markets, and distributes a line of pocket lighters. Under the HONEYSTICK brand, the company designs, markets, and distributes a line of vaporizers for essential oils, concentrates, and dry herbs. Under the GOLD LINE brand, the company designs, markets, and distributes a line of cannabidiol (CBD) products. The company also designs, markets, and distributes electronic cigarettes and vaporizers under the KRAVE brand, as well as develops private label manufacturing programs. These are just a few of many, for the whole list of brands VPR owns, click here.
“ELF” E-Cig Trademark
VPR Brands applied for a trademark for the name ELF in 2017, under the categories "Electronic cigarette lighters; Electronic cigarettes; Smokeless cigarette vaporizer pipe." The mark was registered in 2018. In September 2022, VPR applied for a trademark for an “ELF” logo. Although it doesn't currently offer any nicotine vaping products using the names Elf or Elf Bar, VPR Brands sells a battery for cannabis carts called the “Elf Auto Draw Conceal Oil Vaporizer” under its HoneyStick brand.
Fake Elf Bars- By the Millions
Counterfeit ELFBARs have been a problem since the brand's launch. iMiracle, the manufacturer of ELFBAR, has made efforts to combat this problem. The company claims that it has "cracked down on more than 120 counterfeit production and sales targets, including factories, warehouses, logistics, and foreign trade companies, seizure of more than 2 million finished counterfeit ELFBAR products, millions of packaging boxes, anti-counterfeit codes, semi-finished vaping pipes, and other."
Bye-Bye ElfBar?
In conclusion, ELFBAR, one of the world's largest disposable vape brand, will change its name to EBDESIGN in the United States. The change follows a lawsuit by VPR Brands, which claims that it owns the “Elf” brand for vaping products in the US. iMiracle is appealing the preliminary injunction, and one of the company's US distributors has filed a petition to cancel VPR's trademark. Retailers and distributors who are not named in the lawsuit are not legally at risk of selling existing ELFBAR stock unless they receive cease-and-desist letters from VPR. Counterfeit ELFBARs will still be coming into the US… so if you get a new shipment of “ELFBAR”, you’re probably buying fakes!