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.

How AI Is Rewriting the Talent Playbook for the Nicotine Industry: JTI’s Case
How AI Is Rewriting the Talent Playbook for the Nicotine Industry: JTI’s Case
AI is moving from a back-office tool to a core organizational capability in the nicotine industry. Based on JTI’s responses, this 2Firsts feature examines how AI is reshaping talent strategy, internal mobility, decision-making and human accountability as global tobacco companies compete in the shift toward new nicotine categories.
Jun.17
FDA Tobacco Center Pushes Review-Efficiency Statement After Commissioner’s Exit
FDA Tobacco Center Pushes Review-Efficiency Statement After Commissioner’s Exit
FDA CTP issued a May 7 statement on accelerating product review and improving PMTA efficiency, but did not push it via official X and newsletter until May 13, one day after FDA Commissioner Marty Makary’s resignation was confirmed. FDA has not explained the delay, and no public evidence links it directly to the leadership change. The timing is notable given CTP’s usual 24-hour distribution practice.
Special Report
May.14
Altria and Juul Ask Court to Pause Antitrust Case Pending Ninth Circuit Review
Altria and Juul Ask Court to Pause Antitrust Case Pending Ninth Circuit Review
Altria and Juul are asking a California federal court to pause an antitrust case while they appeal a class certification ruling to the Ninth Circuit. The case alleges that Altria’s 2018 investment in Juul, a $12.8 billion deal for a 35% stake.
May.07 by 2FIRSTS.ai
France Bans Zyn and Other Nicotine Pouches, Violators Face Jail and Fines
France Bans Zyn and Other Nicotine Pouches, Violators Face Jail and Fines
France has officially banned nicotine pouches and other oral nicotine products, including Zyn. The new regulation classifies such products as “toxic substances” and imposes criminal penalties on their use, possession, purchase, and sale. Violators may face up to five years in prison and fines of up to €400,000 (approximately $436,600).
Regulations
May.25
Serbian Parliament Passes Trade Laws Banning Sales of E-Cigarettes and Nicotine Products to Minors
Serbian Parliament Passes Trade Laws Banning Sales of E-Cigarettes and Nicotine Products to Minors
Serbia’s parliament has adopted a package of trade laws aimed at increasing consumer protection while introducing a range of changes for merchants and online platforms. One of the most important new measures is a ban on the sale of e-cigarettes and other nicotine products to minors, tightening youth protection rules.
Apr.24 by 2FIRSTS.ai
Altria’s USSTC to Close Nashville Plant and Shift Operations to Kentucky by 2028
Altria’s USSTC to Close Nashville Plant and Shift Operations to Kentucky by 2028
U.S. Smokeless Tobacco Company (USSTC), a subsidiary of Altria Group, announced plans to close its Nashville manufacturing facility by 2028 and consolidate production operations at a new facility in Hopkinsville, Kentucky.
Market
Jun.02