ELFBAR Responds to US Trademark Lawsuit with New Brand

Elfbar by 2FIRSTS.ai
Mar.01.2023
ELFBAR Responds to US Trademark Lawsuit with New Brand
ELFBAR responds to US trademark lawsuit by introducing new brand EBDESIGN. Sales in other markets not affected.

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.


Global Times Online is a centrally approved news organization that was officially launched in November 2007. It is jointly sponsored by People's Daily Online and Global Times, and approved by the central network management department. It is recognized as a central level news unit that other websites can use to reprint news.


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.



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.

JTI Research Finds 31% of UK Respondents Offered Illicit Tobacco, While 63% of Ennis Packs Lack Duty Marks
JTI Research Finds 31% of UK Respondents Offered Illicit Tobacco, While 63% of Ennis Packs Lack Duty Marks
Multiple JTI-backed studies in the UK and Ireland indicate that illicit tobacco remains visible across consumer interactions and local markets. In the UK, JTI research found that 31% of respondents said they had been offered illicit tobacco products. In Ireland’s Ennis area, a JTI-commissioned empty pack survey found that 63% of sampled cigarette packs did not carry Irish duty-paid markings. The findings come from industry research rather than official government estimates of illicit tobacco market size, but highlight continued concerns among regulators, legitimate retailers and tobacco companies over illicit trade.
Aug.19
JTI’s Nordic Spirit Signs Co-op Live Partnership Ahead of New UK Nicotine Sponsorship Restrictions
JTI’s Nordic Spirit Signs Co-op Live Partnership Ahead of New UK Nicotine Sponsorship Restrictions
JTI nicotine pouch brand Nordic Spirit has entered a long-term partnership with Manchester’s Co-op Live, becoming the venue’s Official Nicotine Pouch Partner. The 23,500-capacity venue is the UK’s largest indoor live entertainment arena. Nordic Spirit will run in-venue activations for existing adult nicotine consumers and sell products at selected arena bars. The agreement was entered into before the relevant UK sponsorship restrictions were introduced, while the government intends to implement a comprehensive ban on advertising and sponsorship of vaping and nicotine products from June 1, 2027.
Sep.07
PMI Q2 Call: ZYN Growth, IQOS Pricing and a Diverging Global Tobacco Market
PMI Q2 Call: ZYN Growth, IQOS Pricing and a Diverging Global Tobacco Market
Philip Morris International’s second-quarter earnings call offered new detail on its smoke-free strategy. Management said it would increase U.S. investment behind nicotine pouch brand ZYN, keep IQOS focused on volume before stronger pricing, and use SENTIA, DELIA, LEVIA, VEEV and ZYN to manage tax and regulatory pressure across Japan and Europe. Analysts from Goldman Sachs, Morgan Stanley, UBS and other firms also pressed PMI on profitability, market share, cigarette resilience and the durability of its global transformation over coming quarters.
Jul.24
PMI Expands IQOS and VEEV Presence at Frankfurt Airport Through Travel Retail Pop-Ups
PMI Expands IQOS and VEEV Presence at Frankfurt Airport Through Travel Retail Pop-Ups
According to The Moodie Davitt Report, PMI Global Travel Retail and Frankfurt Airport Retail have launched new IQOS and VEEV retail spaces at Frankfurt Airport. The installations, located inside and outside duty-free areas, showcase IQOS heated tobacco products and VEEV e-vapor products through product education, consumer interaction and brand experiences. Frankfurt Airport Retail, operated by Fraport Group and Gebr. Heinemann, manages key retail activities at Frankfurt Airport. The initiative follows PMI’s broader strategy of expanding smoke-free products through global travel retail channels. PMI has previously introduced VEEV products across multiple European airports while continuing to expand IQOS and VEEV availability in international markets.
Jul.17
PMI Global R&D Chief Meets Chinese Tobacco Regulator as China Advances Heated Cigarette Standards
PMI Global R&D Chief Meets Chinese Tobacco Regulator as China Advances Heated Cigarette Standards
Philip Morris International’s global R&D chief Michele Cattoni met Liu Sanjiang, deputy director of China’s State Tobacco Monopoly Administration, in Beijing on Aug. 27. The meeting comes as China advances mandatory standards for heated cigarettes and nicotine pouches, laying groundwork for their domestic introduction. Cattoni has held senior roles in PMI’s heated tobacco development, while China’s draft standard covers multiple heating architectures, including systems similar in principle to PMI’s IQOS ILUMA technology.
Aug.27
South Korean Lawmaker Jeong Jin-wook Pushes Synthetic Nicotine Vape Probe, Highlighting Supply Chain and Tax Concerns
South Korean Lawmaker Jeong Jin-wook Pushes Synthetic Nicotine Vape Probe, Highlighting Supply Chain and Tax Concerns
South Korean lawmaker Jeong Jin-wook has again called for stronger government action against liquid synthetic nicotine vape manufacturers and sellers, alleging that some businesses may have avoided regulation through product labeling changes and corporate restructuring. According to Newsworks, JNILBO and other Korean reports, Jeong has held his third press conference on the issue, calling for a government-wide investigation. The dispute involves whether synthetic nicotine products should fall under tobacco regulations, tax implications and supply-chain transparency. South Korean government agencies have previously said some estimates of potential tax losses cannot be verified due to limited sales data.
Jul.27