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.

Product | Geek Bar BURJ 80K Extends High-Puff Competition Into Hookah-Style DTL Use
Product | Geek Bar BURJ 80K Extends High-Puff Competition Into Hookah-Style DTL Use
2Firsts has noted that Geek Bar has added BURJ to its official product portfolio under the E-HOOKAH category. Public information shows that BURJ 80K is a hookah-style disposable vape featuring a 25ml e-liquid capacity, a 1500mAh battery, 0.4Ω dual coils and three operating modes: ECO, Regular and Pulse. According to publicly available product information, the device is rated for up to 80,000 puffs in ECO mode and uses a nicotine strength of 0.5% (5mg/ml).
Market
May.29
Thailand’s DDC Reaffirms Nicotine Pouches Are Regulated Under the Tobacco Products Control Act
Thailand’s DDC Reaffirms Nicotine Pouches Are Regulated Under the Tobacco Products Control Act
Thailand’s Department of Disease Control has warned the public not to believe claims that nicotine pouches are harmless, saying the products contain high levels of nicotine that can enter the bloodstream through the mouth lining and affect the nervous system and brain.
Apr.30 by 2FIRSTS.ai
Alberta Seeks to Add New Vape Restrictions on Top of Existing Tobacco Framework
Alberta Seeks to Add New Vape Restrictions on Top of Existing Tobacco Framework
A new Alberta bill aimed at reducing vaping rates, especially among young people, is moving into the legislative process. Bill 208, the Vaping Reduction Act, was introduced by United Conservative Party MLA Chelsae Petrovic and appears to build on the province’s existing Tobacco, Smoking and Vaping Reduction Act. Early reporting suggests the bill could focus on disposable vapes and impose further limits on youth access to vaping products.
Apr.15 by 2FIRSTS.ai
 Philip Morris Lowers Profit Outlook as Zyn Faces Competition and FDA Delays
Philip Morris Lowers Profit Outlook as Zyn Faces Competition and FDA Delays
According to Reuters, Philip Morris International (PMI) lowered its 2026 adjusted earnings-per-share forecast amid regulatory uncertainty around Zyn nicotine pouches, rising competition and shipment pressure in the U.S. market.
PMI
Jun.02
Ukrainian Prosecutors and Economic Security Bureau Dismantle Illegal Vape Liquid Network Worth About UAH 30 Million
Ukrainian Prosecutors and Economic Security Bureau Dismantle Illegal Vape Liquid Network Worth About UAH 30 Million
Ukraine’s Office of the Prosecutor General and the Bureau of Economic Security said they uncovered an illegal production and sales scheme for e-cigarette liquids that had been operating in Ukraine since 2023.
Apr.14 by 2FIRSTS.ai
Israel’s Finance Ministry Advances New Tax Plan for Vapes, Tobacco Pouches and Nicotine Pouches
Israel’s Finance Ministry Advances New Tax Plan for Vapes, Tobacco Pouches and Nicotine Pouches
Israel’s Finance Ministry is advancing a new bill to tax e-cigarettes, tobacco pouches and nicotine pouches. According to the report, once approved by the Knesset Finance Committee, the initiative would only require the signature of Finance Minister Bezalel Smotrich to take effect. The plan would lower the tax on vape liquid while introducing new taxes on vape devices and on tobacco and nicotine pouches.
Apr.22 by 2FIRSTS.ai