Accusations of Design Imitation
On May 11th, inside sources informed 2FIRSTS that at the CHAMPS e-cigarette exhibition in the United States, the ELF brand under American e-cigarette company VPR, launched a new product named "ELFBAR". This new product shares not only its name with the "ELFBAR" brand under Shenzhen iMiracle, but its exterior design is also strikingly similar.
Notable Differences Between the Products
After comparing images provided by these sources, 2FIRSTS found a few subtle differences between the two products:
- Different logos: ELFBAR has a "petal and bubble" pattern; ELF has a "jester hat sketch" pattern (see picture 1 below).
- Different model markings: ELFBAR's is "BC"; ELF's is "BP" (see picture 2 below).
- Additionally, ELF's packaging is marked with the word "ORIGINAL" (see picture 1 and 2 below).
Prior Lawsuits and Trademark Issues
As previously reported by 2FIRSTS, in February this year, VPR filed a lawsuit against the parent company of "ELFBAR" for allegedly infringing on its "ELF" e-cigarette trademark. Subsequently, a judge ordered Shenzhen Wei Bo Li and iMiracle (Hong Kong) to cease "ELFBAR" marketing activities in the US. Based on the trial outcome, Shenzhen Wei Bo Li and iMiracle (Hong Kong) temporarily stopped using the "ELFBAR" trademark in the US, switching to "EB DESIGN" for US sales, while continuing to appeal the trademark case.
Countersuit by Shenzhen Wei Bo Li and iMiracle
In early May, LAW360 reported that Shenzhen Wei Bo Li and iMiracle (Hong Kong) filed a countersuit against American e-cigarette company VPR for preparing to launch a disposable e-cigarette product that "blatantly imitates" ELFBAR.
VPR's Defense
VPR argued that "ELF" is its registered trademark, which had no connection with the e-cigarette industry before its registration. Shenzhen Wei Bo Li and iMiracle (Hong Kong) changing it to "ELFBAR" does not make it a proprietary term, as "bar" is a common term for a specific shape of e-cigarette, and thus consumers would still consider ELFBAR a part of the ELF brand.
iMiracle's Response
In response to this, 2FIRSTS contacted iMiracle for updates on the case. iMiracle stated that they are seeking an injunction from the US court to prevent VPR from infringing on their products. Regarding VPR's actions at the CHAMPS exhibition, iMiracle said that they are already aware of the incident and are considering further legal action.
Thumbnail source: Anonymous
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