Editor's note: On February 28th, the disposable e-cigarette brand ELFBAR responded to reports from Global Times on the "U.S. trademark case," making their first official statement on the matter within China. ELFBAR stated in the interview that their U.S. distributor has submitted a request to the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board to revoke VPR's ELF trademark registration. Additionally, ELFBAR announced the launch of a new brand called EBDESIGN, aimed at protecting the rights and interests of their users and channel partners. This announcement is in line with previous reporting from 2FIRSTS.
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The following article features an interview with ELFBAR conducted by the Global Network's Financial Channel. The complete interview is reproduced below by 2FIRSTS.
In response to a trademark lawsuit from the US, disposable e-cigarette brand ELFBAR has launched a new brand called EBDESIGN.
The disposable e-cigarette brand ELFBAR is currently being sold in multiple countries overseas. However, a US court recently issued an order for local distributors to cease sales of ELFBAR e-cigarettes in the US, due to an interim injunction requested by VPR Brands, LP (VPR) in a trademark infringement lawsuit against ELFBAR. This claim was approved by the Southern District of Florida court.
ELFBAR swiftly appealed the temporary injunction issued by the federal circuit court and requested that the court stay the execution of the injunction during the appeals process. Additionally, one of ELFBAR's distributors submitted a request for revocation of VPR's ELF registered trademark to the US Patent and Trademark Office's Trademark Trial and Appeal Board. It is important to note that the ongoing trademark litigation in the US does not affect the registration and use of the original ELFBAR trademark in China and other markets.
ELFBAR's legal representative responded to a journalist's inquiry by stating: "Throughout the litigation process, we have been steadfast in protecting our legal rights and maintaining positive communication with our distribution partners. We will continue to vigorously defend our rights in the upcoming legal proceedings.
According to the legal representative, VPR filed a joint lawsuit against ELFBAR and several distributors in October 2022, alleging infringement of its ELF trademark and patent. In the past two years, VPR has filed lawsuits against multiple manufacturers and distributors of disposable electronic cigarettes, claiming infringement of its asserted patents. However, they often withdraw the lawsuits when the defendants raise legitimate defenses or settle the cases for relatively small amounts.
ELFBAR further stated, "Although we are disappointed with the ruling by the regional court, our legally registered design trademark featuring a unique bubble and flower pattern familiar to consumers in the US will continue to represent our equally beloved products. In addition, to protect the rights of our users and channel partners, we have decided to launch a new brand called EBDESIGN, which will adopt the same pattern design trademark and continue to provide high-quality and trustworthy products and services to the US market. The products under the EBDESIGN brand have the exact same functionality as the original brand products, and we are confident and responsible in handling this brand transition.
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