ELFBAR Seeks Injunction Against U.S. Firm for Alleged Counterfeiting

BusinessElfbar by Ashe Wong
Jul.19.2023
ELFBAR Seeks Injunction Against U.S. Firm for Alleged Counterfeiting
Chinese e-cigarette maker iMiracle petitions for U.S. injunction against VPR Brands for alleged counterfeiting.

According to LAW360, renowned Chinese disposable e-cigarette brand ELFBAR's manufacturer, iMiracle, applied to a federal judge in Georgia, USA, seeking to ban American firm VPR Brands LP from selling its "low-quality", "counterfeit" e-cigarettes.

 

In its motion for a preliminary injunction against VPR Brands, iMiracle argued that for years, VPR Brands witnessed ELFBAR become one of the "most successful brands" in the country, but instead of attempting fair competition, VPR used "fraudulent" trademark registration to hinder iMiracle, rolling out its own "counterfeit products."

 

The company stated:

"Although VPR and its licensors just started selling their counterfeit products, it is clear from their branding as the 'original ElfBar' that VPR is capitalizing on iMiracle's good reputation and word-of-mouth."

 

VPR Brands initially brought a lawsuit in October 2022, claiming iMiracle and other companies infringed on the rights of the Elf name as the company held registration with the U.S. Patent and Trademark Office. It relied on its registration to convince U.S. District Judge Aileen M. Cannon to issue a preliminary injunction against iMiracle and other companies in February 2023, banning them from selling e-cigarettes with the Elf name.

 

Following this, VPR Brands launched its own disposable e-cigarette line—Elfbar BP5000 and Elf VPR 7000. iMiracle alleges these products wholly mimic iMiracle's ELFBAR e-cigarettes, even including the same flavors, shape, and color scheme.

 

iMiracle asserts that VPR Brands' immediate launch of disposable e-cigarettes after being banned from using the Elfbar name was a clear attempt to confuse consumers and exploit the good relations iMiracle had established with customers. iMiracle is seeking to prohibit VPR Brands from selling products under the Elfbar name. They also requested the preliminary injunction bond be set at zero, pointing out VPR Brands cannot claim to have lost normal profits.

 

It is noteworthy that when Judge Cannon issued the injunction against iMiracle, she set the bond at $500,000, despite these companies claiming they would lose tens of millions of dollars due to the injunction.

 

In June 2023, iMiracle counter-sued, and another Chinese company, GD Sigelei, also claimed it first launched and sold the "Elf Tank" "sub-brand" in April 2016. Therefore, it has common law rights to the "Elf" name. These companies contend VPR Brands' "Elf" trademark is invalid.

 

Moreover, VPR's "Elf" trademark was "copied" during its interaction with another Chinese company, Clean Vapor Technology, in 2017. This company is a third-party manufacturer, not a litigant, and it is still a supplier to VPR, but they allege that VPR did not obtain the rights to use the name from the company.

 

VPR Brands has filed a motion to dismiss the Georgia counterclaim, stating it should not be compelled to deal with third-party counterclaims brought by foreign entities, asserting the first-to-file rule necessitates these suits to be heard in Florida.

 

Reference: 

[1] Chinese Vape Maker Urges Court To Bar Fla. Co.'s 'Elfbar' Use

*The content of this article is written after the extraction, compilation and integration of multiple information for exchange and learning purposes. The copyright of the summary information still belongs to the original article and its author. If any infringement is found, please contact us to delete it. 

Oral Thin-Film Technology Firm CTT Pharma Eyes U.S. Nicotine Product Trials
Oral Thin-Film Technology Firm CTT Pharma Eyes U.S. Nicotine Product Trials
CTT Pharmaceutical Holdings said it has signed a letter of intent with a U.S. company to conduct clinical trials and testing for several potential nicotine products using its patented oral thin-film technology.
Jun.18
FTC Scrutinizes Fifty Bar’s “Made in America” Claims as Vape Marketing Faces New Compliance Risk
FTC Scrutinizes Fifty Bar’s “Made in America” Claims as Vape Marketing Faces New Compliance Risk
The Federal Trade Commission sent a warning letter to Lucky Bar Holdings LLC over “Made in the USA” claims tied to Fifty Bar vape products, saying staff had reason to believe the products may be imported in whole or in significant part despite unqualified U.S.-origin marketing claims.
Jul.20
FDA Grants MRTP Orders for 20 ZYN Nicotine Pouches
FDA Grants MRTP Orders for 20 ZYN Nicotine Pouches
The U.S. Food and Drug Administration (FDA) has issued modified risk granted orders to Swedish Match USA for 20 ZYN nicotine pouch products, allowing the already-authorized products to be marketed with a specific claim that using ZYN instead of cigarettes lowers the risk of mouth cancer, heart disease, lung cancer, stroke, emphysema and chronic bronchitis.
Jul.01
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
Reuters: Shopify May Ban All Vape Sales This Week Amid Illegal Market Crackdown
Reuters: Shopify May Ban All Vape Sales This Week Amid Illegal Market Crackdown
Reuters reported that Shopify may ban all vape products from its platform as soon as this week, signaling that U.S. enforcement against the illegal vape market is expanding from retailers and importers to e-commerce platforms and payment networks.
MarketBAT
Jun.23 by 2Firsts Perspectives
FDA Proposes Foreign Tobacco Factory Registration Rule to Tighten Import Oversight
FDA Proposes Foreign Tobacco Factory Registration Rule to Tighten Import Oversight
The FDA has proposed a rule requiring foreign tobacco manufacturers to register facilities and list products before exporting to the U.S. If finalized, the rule could affect overseas OEM/ODM factories, contract manufacturers, specification developers, bulk product makers, and repackaging or relabeling firms. FDA says the proposal would help identify unauthorized imported tobacco products, including e-cigarettes.
Special Report
Jun.26