Response to "The Feud of ELFBAR' Trade Mark": CAFC Reverses Preliminary Injunction Ruling in VPR Brands Case

RegulationsElfbar by 2FIRSTS.ai
Aug.15.2024
Response to "The Feud of ELFBAR' Trade Mark": CAFC Reverses Preliminary Injunction Ruling in VPR Brands Case
CAFC reverses preliminary injunction ruling in VPR Brands, LP v. Shenzhen Vapcell involving trademark infringement dispute.

According to a report by IPWatchdog on August 15th, the United States Court of Appeals for the Federal Circuit (CAFC) today reversed and remanded the district court's decision to grant a preliminary injunction to VPR Brands, LP for reexamination.

Response to
Shenzhen Weibo Li Technology Co., Ltd. Company Information | Image Source: Tianyancha


The case began with VPR Brands, LP accusing Shenzhen Waiboli Technology Co., Ltd of infringing on its "ELF" trademark used for e-cigarettes and related products.


Previously, VPR filed a lawsuit against the company Wyvole in the Southern District Federal Court of Florida, alleging that the e-cigarettes distributed by the company under the ELFBAR brand constitute trademark infringement and could cause confusion in the market. The next day, VPR submitted a preliminary injunction application to the court against ELFBAR products.


In response, VPR Corporation countered that, according to the "unlawful use doctrine," VPR's "ELF" trademark is invalid, and VPR will not be successful in its claims of infringement.


According to this principle, the use of trademarks in commerce must be legal. Whaboli Corporation claims that VPR did not obtain pre-market authorization from the US FDA before selling its "new tobacco products," making its use illegal, rendering the trademark registration invalid and unenforceable.


The district court ultimately granted the preliminary injunction, rejecting Wybori Corporation's argument to apply the "fair use doctrine" in the infringement case.


Although the court acknowledged that Viboryl Corporation provided evidence of illegal use under the Food, Drug, and Cosmetic Act (FDCA), the court "refused to analyze Viboryl's evidence to determine if it was sufficient to prove illegal use", and explained that doing so "would require drawing inferences and speculation from the existing record", which is the responsibility of the FDA.


Vibhore subsequently appealed to the Federal Circuit Court of Appeals.


In its appeal, the CAFC stated that...


The district court misunderstood the guidance of the Eleventh Circuit Court of Appeals and unreasonably denied WeiBoli Company's defense of unauthorized use without thorough legal or factual analysis.


The CAFC declined to make a ruling on the evidentiary issue in the first instance, but stated that the grant of preliminary injunction was "not warranted" because the district court erred in interpreting the application of the Eleventh Circuit's principles for illegal use.


The Court of Appeals for the Federal Circuit (CAFC) has explicitly stated that...


Our ruling does not pre-determine whether the district court must adopt the principle of illegal use, or its application in this case.


Our ruling does not prejudge whether VPR's defense of illegal use can be established in the preliminary injunction or subsequent stages in this case. The district court should reconsider all related issues in light of this ruling and reassess VPR's preliminary injunction request.


Therefore, the CAFC has revoked the granting of the preliminary injunction and remanded all relevant issues for further review, including all factors that may have been involved in the granting of the preliminary injunction.


According to Tianyancha, Shenzhen Weipoli Technology Co., Ltd. was established in 2014 with Zhang Shengwei as its legal representative. It is a wholly-owned subsidiary of Heaven Gifts Technology Co., Ltd. The company's business scope includes research and sales of electronic atomizers and their key components, consulting services for electronic atomizers, as well as research and sales of batteries and electronic products.


According to Yahoo Finance, VPR Brands, LP operates in the e-cigarette, electronic cigar, personal vaporizer, and pocket lighter industry in the United States. The company, formerly known as Soleil Capital LP, changed its name to VPR Brands, LP in September 2015. VPR Brands, LP was founded in 2003 and is headquartered in Florida.


We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

UK’s North Yorkshire Council plans up to £477,000 spend on e-cigarettes to support quitting smoking
UK’s North Yorkshire Council plans up to £477,000 spend on e-cigarettes to support quitting smoking
North Yorkshire Council in the UK is set to spend up to £477,000 on e-cigarettes to support residents quitting smoking. Since e-cigarettes were added to the council’s Living Well Smokefree service in July 2023, 487 people have used them to quit, with about a third remaining smoke-free after a year.
Mar.03 by 2FIRSTS.ai
Special Report | New Patents Show China Tobacco Hubei Industrial Testing Gas-Releasing Nicotine Pouches
Special Report | New Patents Show China Tobacco Hubei Industrial Testing Gas-Releasing Nicotine Pouches
Newly published patent filings indicate that China Tobacco Hubei Industrial Co., Ltd., a subsidiary of China National Tobacco Corporation (CNTC), is exploring nicotine pouch technologies capable of releasing gas during oral use. The designs include carbon-dioxide microcapsules that burst in the mouth and effervescent systems that generate gas through chemical reactions with saliva, suggesting efforts to introduce new sensory dynamics into modern oral nicotine products.
News
Mar.04
Azerbaijan parliament passes third-reading amendments introducing e-cigarette penalties, effective April 1, 2026
Azerbaijan parliament passes third-reading amendments introducing e-cigarette penalties, effective April 1, 2026
Azerbaijan’s Milli Majlis has adopted, in its third reading, amendments to the Code of Administrative Offences introducing fines and confiscation for the use of e-cigarettes and their components, as well as import, export, production, wholesale and retail sales, and storage for sale.
Mar.04 by 2FIRSTS.ai
Special Report|FDA Revises Device Name in Glas Vape Authorization; Company Signals Optimism on Menthol, Flavored Pods
Special Report|FDA Revises Device Name in Glas Vape Authorization; Company Signals Optimism on Menthol, Flavored Pods
The FDA updated public records on the PMTA authorization of a Glas vape product, renaming “Glas G Device” to “Glas G² Device” and releasing the order letter detailing scientific review and marketing restrictions. Company disclosures suggest the platform may include age-verification technology. If confirmed, Glas G² could be the first vape with device-level age verification to receive an FDA MGO. Glas executives also said menthol and other flavored pods could gain authorization in the future.
Special Report
Mar.14
Reuters Exclusive: FDA’s Fast-Track Review of Nicotine Pouches Slows Over Youth and New-User Concerns
Reuters Exclusive: FDA’s Fast-Track Review of Nicotine Pouches Slows Over Youth and New-User Concerns
Reuters reported on April 1 that several popular nicotine pouch products still have not been cleared for sale in the United States despite a fast-track review pilot run by the U.S. Food and Drug Administration. Three sources said FDA reviewers have taken a cautious approach because of potential risks to youth and other non-tobacco users, including the possibility of driving nicotine addiction among adults who do not already smoke.
Apr.02 by 2FIRSTS.ai
TPB Q4 FY2025 Revenue Rises 29% to $121 Million; Modern Oral Business Up 266% Year Over Year
TPB Q4 FY2025 Revenue Rises 29% to $121 Million; Modern Oral Business Up 266% Year Over Year
Turning Point Brands, a U.S. nicotine and tobacco-related consumer products company, reported its fiscal 2025 fourth-quarter results: quarterly revenue was $121 million, up 29% year over year; adjusted EBITDA (Earnings Before Interest, Taxes, Depreciation and Amortization) was $30 million, up 14%. Net revenue from modern oral nicotine products was $41.3 million, up 266% year over year.
Mar.03 by 2FIRSTS.ai