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

EVO NXT 2026 Opens in Prague as Global NGP Industry Gathers for Two-Day Event
EVO NXT 2026 Opens in Prague as Global NGP Industry Gathers for Two-Day Event
2026 — EVO NXT 2026 officially opened today in Prague, bringing together manufacturers, brand owners, retailers, and decision-makers from across the global next-generation products (NGP) industry. As the event’s official media partner for the fourth consecutive year, 2Firsts is reporting on site, tracking key developments across the exhibition floor, forum agenda, and broader industry discussions.
Apr.17 by 2FIRSTS.ai
OLAF and Customs Authorities From 30 Countries Seize More Than 94 Million Illicit Vape and Heated Tobacco Items
OLAF and Customs Authorities From 30 Countries Seize More Than 94 Million Illicit Vape and Heated Tobacco Items
The European Anti-Fraud Office said on April 17 that its “JCO VAPE” operation, carried out together with customs authorities from 30 countries, successfully targeted the illicit trade in e-cigarettes and heated tobacco products. The operation, conducted from November 14 to December 15, 2025, resulted in seizures of more than 94 million items and more than 2,500 kg/l of tobacco products, e-cigarettes, devices, and related goods.
Apr.20 by 2FIRSTS.ai
Opinion | As EU Reviews Tobacco Rules, Experts Warn Against Overlooking Smokers’ Alternatives
Opinion | As EU Reviews Tobacco Rules, Experts Warn Against Overlooking Smokers’ Alternatives
As the European Commission reviews its tobacco and advertising rules, two experts who provided written comments to 2Firsts argue that future EU policy should not overlook adult smokers’ alternatives. Dr Garrett McGovern and Dr Carmen Escrig say regulators should weigh relative risk, adult switching, flavours, consumer behaviour and scientific uncertainty alongside youth protection.
Industry Insight
Jun.01
Altria Reports Q1 2026 Net Revenues of $5.43 Billion and 7.3% Growth in Adjusted Diluted EPS
Altria Reports Q1 2026 Net Revenues of $5.43 Billion and 7.3% Growth in Adjusted Diluted EPS
Altria Group reported its first-quarter 2026 results on April 30. Net revenues were $5.43 billion, up 3.2% year on year, while revenues net of excise taxes were $4.76 billion, up 5.3%. Reported diluted EPS was $1.30, up more than 100%, and adjusted diluted EPS was $1.32, up 7.3%.
May.06 by 2FIRSTS.ai
FDA Posts Environmental Assessment for Nicotine Pouches, May Influence Future PMTA Reviews
FDA Posts Environmental Assessment for Nicotine Pouches, May Influence Future PMTA Reviews
The U.S. Food and Drug Administration released a programmatic environmental assessment covering nicotine pouches and other oral nicotine products, concluding that their overall environmental impact is generally minimal.
Regulations
May.22
CBP and FDA Seize 18 Million Illegal Vapes Worth $175 Million in Maritime Cargo Operation
CBP and FDA Seize 18 Million Illegal Vapes Worth $175 Million in Maritime Cargo Operation
U.S. Customs and Border Protection (CBP) announced that more than 18 million illegal e-cigarettes valued at over $175 million were seized during “Operation Red Mist,” a joint enforcement initiative involving the U.S. Coast Guard and the FDA. The operation primarily targeted maritime vape shipments originating from China and focused on combating illicit importation, transportation, and distribution activities.
Regulations
May.14