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

Apr.29.2025
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.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Andy Tan Named 2026 SRNT Fellow for Contributions to Nicotine Research
Andy Tan Named 2026 SRNT Fellow for Contributions to Nicotine Research
Andy Tan, Ph.D., has been named a 2026 Fellow of the Society for Research on Nicotine and Tobacco (SRNT), an international professional association dedicated to advancing nicotine and tobacco research. Fellows are selected for outstanding research contributions as well as leadership, mentoring, and policy engagement within the field.
Feb.23
Fifth Circuit Upholds FDA’s 2021 PMTA Rule, Citing Statutory Health-Study Requirements
Fifth Circuit Upholds FDA’s 2021 PMTA Rule, Citing Statutory Health-Study Requirements
A Fifth Circuit panel upheld the U.S. Food and Drug Administration’s 2021 final rule requiring companies seeking premarket authorization for new tobacco products to include information on health-risk investigations. In a published opinion, the court found FDA satisfied the Regulatory Flexibility Act’s procedural requirements and reasonably relied on the economic analysis from the 2016 “deeming rule” as a factual basis to certify limited impact on small businesses.
Feb.27 by 2FIRSTS.ai
South Korea to regulate synthetic-nicotine e-liquids as tobacco from April 24
South Korea to regulate synthetic-nicotine e-liquids as tobacco from April 24
South Korea’s Health Ministry says amendments to the Tobacco Business Act will take effect on April 24, bringing synthetic-nicotine e-liquid vapes under the legal definition of tobacco. The shift extends cigarette-style rules to these products, including mandatory graphic warnings, sharply limited advertising channels, stricter vending-machine placement requirements, and a ban on use in smoke-free areas, with enforcement checks slated from late April.
Feb.03 by 2FIRSTS.ai
FDA Highlights Product Characterization as a Foundational Requirement in ENDS PMTA Reviews
FDA Highlights Product Characterization as a Foundational Requirement in ENDS PMTA Reviews
During its ongoing PMTA roundtable, FDA emphasized that product characterization is a foundational element in the review of electronic nicotine delivery systems (ENDS). The agency underscored the need for complete product identifying information, validation and verification of test methods on the specific product type, and the appropriate use of tobacco product master files (TPMFs) to support complex or proprietary ingredients in PMTA submissions.
Feb.10
Nicotine Becomes Second-Largest Revenue Source for Couche-Tard in Fiscal 2025
Nicotine Becomes Second-Largest Revenue Source for Couche-Tard in Fiscal 2025
Alimentation Couche-Tard reported that nicotine products accounted for 9% of total revenue in fiscal 2025, making it the company’s second-largest revenue source after fuel, according to its latest Business Strategy Update.
Market
Feb.19
Philippine public health groups urge an absolute ban on e-cigarettes and heated tobacco products
Philippine public health groups urge an absolute ban on e-cigarettes and heated tobacco products
Public health groups in the Philippines are urging the government to impose an absolute ban on e-cigarettes, heated tobacco products, and other nicotine delivery products, citing health harms and increasing accessibility among youth. The call follows Myanmar’s move to become the eighth ASEAN country to implement a total vape ban and comes as the Philippine Congress deliberates tobacco and vape taxation.
Feb.28 by 2FIRSTS.ai