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

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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.