U.S. court orders halt to Elfbar sales
On February 23, a U.S. federal judge ordered Shenzhen Weiboli Technology to stop selling its Elfbar vaping products in the United States, ruling that VPR Brands, maker and seller of Elf-branded vaping products, was likely to prevail in its trademark infri
On Feb. 23, a U.S. federal judge ordered Shenzhen Weiboli Technology Co., Ltd. to stop selling its Elfbar vaping products in the United States, ruling that VPR Brands, which makes and sells Elf-branded vaping products, is likely to succeed on its claim that Elfbar infringes its trademark, Law360 reported.
According to U.S. District Judge Aileen M. Cannon, VPR showed a likelihood of confusion and would suffer harm if its Chinese competitor were allowed to continue selling Elfbar vaping products.
In November, VPR sought to bar Shenzhen Weiboli Technology from continuing to use the Elfbar trademark, arguing that the alleged infringement had affected future sales and caused VPR losses of about $100 million.
VPR said Shenzhen Weiboli Technology not only infringed VPR's Elf trademark, but also violated patents related to its vaping devices.
Although there was no direct evidence that Shenzhen Weiboli Technology intentionally adopted the mark to benefit from an existing trademark, Judge Cannon wrote that the company was well aware of the trademark and that confusion was likely, especially since the U.S. Patent and Trademark Office had specifically refused registration of the Elfbar trademark for these reasons.
VPR welcomed the judge's decision. “VPR is pleased that the court found Elf to be a strong trademark and granted the injunction,” said Joel B. Rothman of Sriplaw, who represented VPR in the case. “This injunction will allow VPR to move quickly against infringers and counterfeiters in the marketplace.”
Counsel for Shenzhen Weiboli Technology said the company intends to appeal the order.
