ELFBAR, one of the world’s most popular disposable vape brands, is changing its name in the United States due to a trademark infringement lawsuit. As a result, the brand will be known as EBDESIGN in the U.S. for the time being while continuing to use the ELFBAR name in the U.K. and other markets globally. However, if the trademark dispute is resolved in its favor, the company may revert to the original name.
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VPR Brands, a Florida-based company, is suing Shenzhen iMiracle Technology Co. Ltd., the parent company of ELFBAR, over the use of the “Elf” brand for vaping products in the United States.
In addition to the lawsuit against iMiracle, VPR Brands has filed a lawsuit against various master distributors of ELFBAR products in the United States. The lawsuit was filed in the U.S. District Court for the Southern District of Florida last fall, and the court granted a preliminary injunction last week. This injunction prevents iMiracle from importing ELFBAR-branded products and their master distributors from selling them until the case is resolved.
While the company appeals the preliminary injunction, it has introduced EBDESIGN-branded products, which will begin arriving at U.S. ports shortly. The model numbers on EBDESIGN products will remain the same, and they will appear more prominently on the device and packaging than the brand name. For instance, on the most popular ELFBAR device, the BC5000 model number will be more visible than the EBDESIGN brand.
Other disposable brands produced by ELFBAR’s parent company, such as Lost Mary and Funky Republic, will remain unchanged.
Due to ELFBAR’s popularity, there has been an increase in counterfeit products. In response, the company has taken action against over 120 fake production and sales targets, which include factories, warehouses, logistics, and foreign trade firms. The company has also shut down more than 20 factories producing counterfeit ELFBAR products. To verify the authenticity of ELFBAR products, customers can use Q.R. codes, and the company provides a form to report retailers selling fake ELFBARs.
U.S. consumers should be cautious when buying ELFBAR-branded products sold in retail stores. As legitimate ELFBAR imports have ceased and distributors have almost no stock, the chances of finding genuine products on store shelves are dwindling. As a result, buyers should be cautious when purchasing ELFBARs, and report any suspected counterfeit products to the company.
VPR Brands filed a trademark application for the name ELF in 2017, which was later registered in 2018. Recently, VPR Brands launched a website featuring nicotine vaping devices branded with “ELF,” which strongly resembles iMiracle’s ELFBAR products. VPR Brands claims that these products will be available soon. However, it is important to note that nicotine vaping products can only be legally introduced to the market after first obtaining FDA authorization and submitting a premarket tobacco application (PMTA).
In December 2020, a trademark application for the name ELFBAR was filed in the United States by iMiracle subsidiary Shenzhen Weiboli Technology Co. However, the application was abandoned as the filer did not respond to communications from the trademark office. In contrast, iMiracle and its subsidiary Weiboli applied for the Chinese ELF BAR trademark in 2020, and it has been held by them since its registration in 2021. The U.K. trademark for ELFBAR was filed and registered in 2021 by iMiracle.
