German Court: ELFPRO Infringed ELFBAR Trademark; Offender to Cease Operations

Apr.29
German Court: ELFPRO Infringed ELFBAR Trademark; Offender to Cease Operations
The Düsseldorf Regional Court ruled that the use of "ELFPRO" infringed on ELFBAR's trademark. The court supported iMiracle’s claims during the interim injunction phase. The infringing party plans to cease operations under legal pressure.

Overview of the Event:

Time and location: April 2025, Germany.

Parties involved: Heaven Gifts (parent company of ELFBAR) vs. ELFPRO (defendant)

Case background: This case involves trademark infringement. The court ruled that the use of the "ELFPRO" brand violated the trademark rights of the "ELFBAR" brand under Heaven Gifts.

Main accusation: The use of the "ELFPRO" trademark has led to consumer confusion and infringed on the trademark rights of ELFBAR.

Involving infringement:

·ELFPRO" - unauthorized use of a similar brand name;

·Third-party pods sold without brand authorization, claiming to be compatible with ELFBAR devices, are known as 'generic pods'.

Legal ruling: The court has determined that "ELFPRO" has misled consumers by falsely advertising that their products are compatible with ELFBAR devices, in violation of trademark law.

Case update: The court has issued a temporary injunction against the defendant, affirming the claims of ELFBAR.


 

On April 28, according to the official WeChat account "HGHeaven Gifts" of Heaven Gifts, the Duesseldorf District Court in Germany recently ruled on a trademark infringement case involving ELFBAR, finding that the use of the "ELFPRO" name by the infringing party constituted a violation of Heaven Gifts' trademark rights for the ELFBAR brand. The court stated that the "ELFPRO" logo could easily lead to consumer confusion and infringe on the legitimate rights of ELFBAR.

 

Heaven Gifts claims that the infringing party has unauthorizedly used the brand name "ELFPRO" on their replaceable pod products, and has gained profits by claiming compatibility with the ELFBAR device. These so-called "compatible pods" have not been tested by the brand and their functionality and quality cannot be confirmed.

 

German Court: ELFPRO Infringed ELFBAR Trademark; Offender to Cease Operations
Translation: ELFPRO product images found on the Firsts distributor website in Germany | Image source: Einweg website

 

The legal team of Heaven Gifts has taken action to protect their rights by issuing warning letters, applying for temporary injunctions from local courts, and filing formal civil lawsuits. The court recognized ELFBAR's claims in the temporary injunction ruling, putting pressure on the infringing party and related product sales after informing them of the temporary injunction results.

 

Heaven Gifts stated that, driven by legal accountability, the infringing party plans to terminate its current business operations due to the inability to bear the legal consequences and operational pressures.

 

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