ELF vs ELFBAR: Legal Battle Continues over E-Cigarette Trademarks

May.11.2023
ELF vs ELFBAR: Legal Battle Continues over E-Cigarette Trademarks
American electronic cigarette company ELF releases new product similar to Shenzhen's ELFBAR at CHAMPS exhibit. Legal dispute continues.

Special Announcement:


The product images referred to in this article are only intended to illustrate news facts and provide insight for research and communication within the industry. No branding or product recommendations are made. Access is prohibited for minors.


On May 11, according to sources familiar with the matter who spoke with 2FIRSTS, American e-cigarette company VPR launched a new product called "ELFBAR" at the CHAMPS e-cigarette exhibition in the United States. The new product not only shares the same name as ELF, a brand under the Shenzhen-based company iQIYI, but also has a highly similar exterior design.


Source: Images provided by interviewee at the ELF brand exhibition under VPR in the United States.


According to insider sources, a comparison of images by 2FIRSTS has revealed some minor differences between these two products.


The logos of ELFBAR and ELF differ; ELFBAR's logo depicts a combination of bubbles and petals, while ELF's logo is a simplified drawing of a jester hat. The model numbers also differ, with ELFBAR being labeled as "BC" and ELF being labeled as "BP". Additionally, ELF's packaging is marked with the word "ORIGINAL". Illustrated product comparisons were provided by the interviewees and compiled by 2FIRSTS.


Logo Comparison | Image source: Provided by interviewees, compiled by 2FIRSTS


According to previous reports by 2FIRSTS, in February of this year, VPR sued the parent company of "ELFBAR" for alleged infringement of its "ELF" electronic cigarette trademark. Subsequently, a judge ordered Shenzhen Wei Bolai and IQIYI (Hong Kong) to cease marketing activities of "ELFBAR" in the United States. Based on the trial results, Shenzhen Wei Bolai and IQIYI (Hong Kong) temporarily stopped using the "ELFBAR" trademark in the United States and instead sold their product under the brand "EB DESIGN." They are continuing to appeal the trademark case.


In early May, LAW360 reported that Shenzhen Wavestorm and iQIYI (Hong Kong) had filed a counterclaim against US electronic cigarette company VPR, accusing it of preparing to launch a disposable electronic cigarette product that "blatantly imitates" ELFBAR.


VPR claims that "ELF" is their registered trademark and had no connection to the e-cigarette industry prior to registration with VPR. Shenzhen Weipoli and IQIYI (Hong Kong) modified it to "ELFBAR", but this cannot be considered a proprietary term as "bar" is a common term for a specific shape of e-cigarette. Therefore, consumers may still think that ELFBAR is a part of the ELF brand.


2FIRSTS contacted the team behind the game "Miracle" to inquire about the progress of the case. The team stated that they are currently seeking a court injunction in the United States to prevent VPR from infringing on their products. They also mentioned that they were aware of VPR's actions at the CHAMPS exhibition.


We have taken note of this incident and will be taking further legal action.


2FIRSTS will continue to cover this event, please stay tuned for updates.


Further reading:


A US regional court has ruled that the ELFBAR brand has committed trademark infringement and has ordered it to stop all marketing activities across the United States.


ELFBAR" to be replaced by new brand name "EB design" in March


New brand E.B. Desig from ELFBAR now available for purchase. Earliest release may have been in December of last year. ELFBAR has filed for the cancellation of the "ELF" trademark in the U.S. and expects a verdict by September of next year.


ELFBAR has ceased shipments to the United States, but has switched to selling products under the EBDESIGN brand in the US market.


After losing the ELFBAR trademark lawsuit, the company has filed a counter lawsuit against VPR for copying its products.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

AP Questions FDA Rationale as Glas Fruit-Flavored Vapes Won Authorization Without Added Cessation Benefit
AP Questions FDA Rationale as Glas Fruit-Flavored Vapes Won Authorization Without Added Cessation Benefit
The U.S. Food and Drug Administration (FDA) recently authorized two fruit-flavored vaping products from Glas, but a newly released agency memo shows the products did not demonstrate greater smoking-cessation benefits than tobacco-flavored e-cigarettes. The Associated Press said the findings are likely to raise further questions about the FDA’s regulatory rationale and standards for flavored vaping products.
Jun.12
EU Launches Online Feedback as TPD Revision Enters New Milestone
EU Launches Online Feedback as TPD Revision Enters New Milestone
The European Commission has opened an online call for evidence on revising EU tobacco products and advertising rules, marking a new phase in the TPD/TAD review. Policy options may cover novel products, flavours, packaging, digital marketing and advertising. A 2Firsts review of 855 early submissions shows rapid engagement and recurring debate over differentiated regulation, harm reduction, youth protection, illicit trade and economic impact.
Special Report
May.21
Ispire Reports Fiscal Q3 2026 Revenue of $18.7 Million and Net Loss of $9.5 Million
Ispire Reports Fiscal Q3 2026 Revenue of $18.7 Million and Net Loss of $9.5 Million
Ispire Technology reported financial results on May 7, 2026, for the third quarter of fiscal 2026, covering the three months ended March 31, 2026. Revenue was $18.7 million, compared with $26.2 million in the third quarter of fiscal 2025 and $20.3 million in the prior quarter. Gross profit was $2.0 million, with gross margin of 10.7%. Net loss was $9.5 million, or $0.17 per share. The company said it held $18.0 million in cash as of March 31, 2026, up $468,000 sequentially.
May.08 by 2FIRSTS.ai
KT&G Overseas Tobacco Revenue Jumps 24.6%, Attracting Global Capital
KT&G Overseas Tobacco Revenue Jumps 24.6%, Attracting Global Capital
South Korean tobacco company KT&G is drawing growing global investor attention after reporting record overseas tobacco sales, with international institutions including Capital Group and BlackRock increasing their stakes.
Business
May.19
Imperial Tobacco Canada Responds to Anti-Smoking Groups on Youth Vaping
Imperial Tobacco Canada Responds to Anti-Smoking Groups on Youth Vaping
Imperial Tobacco Canada responded to the April 17 press conference by anti-smoking groups by calling for a more focused, fact-based discussion on youth vaping that targets the illicit market. The company said youth should not be using nicotine products and that it supports strong measures to prevent youth access, but argued that the discussion failed to clearly distinguish between the regulated market and the illicit market that is driving youth access.
Apr.22 by 2FIRSTS.ai
Philippine Health Department Pushes Total Vape Ban, With Tobacco-Only Flavor Limit as Alternative
Philippine Health Department Pushes Total Vape Ban, With Tobacco-Only Flavor Limit as Alternative
The Philippine Department of Health said it is pushing for a total ban on vape products. If a full ban is not feasible, DOH officer-in-charge Director Dr. Dominic Maddumba said vape products should at least be limited to plain tobacco flavors to reduce their appeal to minors.
May.06 by 2FIRSTS.ai