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. 

U.S. Customs Plan to Require Foreign Export Declarations Could Deal ‘Devastating’ Blow to China’s Vape Exports, Logistics gl Expert Says
U.S. Customs Plan to Require Foreign Export Declarations Could Deal ‘Devastating’ Blow to China’s Vape Exports, Logistics gl Expert Says
A U.S. Customs and Border Protection proposal to collect foreign export declarations and other overseas customs documents could expose discrepancies in the value, classification and description of China-made vape shipments entering the United States. A veteran Chinese logistics professional told 2Firsts that the measure, if implemented, could undermine the all-inclusive shipping model used by some unauthorized vape exporters and push parts of the trade toward costlier underground channels. The risk extends beyond higher duties: accurately declared products may also be more readily identified as unauthorized e-cigarettes subject to FDA enforcement.
Special Report
Sep.07
Trump Picks White House Health Policy Aide Heidi Overton to Lead FDA, Pending Senate Confirmation
Trump Picks White House Health Policy Aide Heidi Overton to Lead FDA, Pending Senate Confirmation
U.S. President Donald Trump has chosen White House health policy aide Heidi Overton to lead the Food and Drug Administration, Bloomberg reported, citing a person familiar with the matter. Overton currently works on health policy at the White House and previously held a senior role at the America First Policy Institute. If confirmed by the Senate, she would take over an FDA that has experienced months of senior-level turnover. The agency regulates products representing roughly one-fifth of U.S. consumer spending, including e-cigarettes, drugs, vaccines and much of the food supply.
News
Aug.19
PMI Expands Colorado Investment to $1.2 Billion to Boost ZYN Nicotine Pouch Production
PMI Expands Colorado Investment to $1.2 Billion to Boost ZYN Nicotine Pouch Production
Philip Morris International (PMI) is expanding its investment in its Golden, Colorado campus, bringing total investment to approximately $1.2 billion to support its smoke-free products business. The investment will strengthen PMI’s research, production and innovation capabilities in smoke-free products. As one of the world’s largest tobacco companies, PMI has continued advancing its “Smoke-Free Future” strategy through heated tobacco, oral nicotine and other reduced-risk product categories.
PMI
Jul.28
Elf Bar Vape Explosion and Amputation Claim Spurs Coverage Suit, U.S. Insurer MUSIC Seeks Ruling It Owes No Duty to Defend or Indemnify Distributor i5
Elf Bar Vape Explosion and Amputation Claim Spurs Coverage Suit, U.S. Insurer MUSIC Seeks Ruling It Owes No Duty to Defend or Indemnify Distributor i5
Mesa Underwriters Specialty Insurance Company has asked a federal court in Washington to declare that it has no duty to defend or indemnify vape distributor i5 Distribution in a product liability case involving an Elf Bar BC5000. The plaintiff alleges that the disposable vape caught fire and exploded in his pocket, causing severe burns and ultimately requiring an above-the-knee amputation of his left leg. MUSIC is relying on a tobacco, nicotine or nicotine replacement products exclusion and a premises limitation endorsement. The court has not ruled on the coverage dispute.
News
Sep.10