Elfbar Manufacturer Banned From Marketing E-Cigarettes
VPR’s registration of the trademark grants it priority
According to LAW360, the maker of Elfbar vape products was ordered by a Florida federal judge on Feb. 23 to stop marketing Elfbar e-cigarettes anywhere in the U.S. The judge found that VPR Brands LP, which makes and sells “Elf” brand vapes, is likely to succeed on its claims that the Elfbar vapes infringe its trademark.
In the order, U.S. District Judge Aileen Cannon found that VPR has shown there is a likelihood of confusion, and the company stands to suffer harm if Shenzhen Weiboli Technology Co. Ltd. is allowed to keep selling the Elfbar vapes, given the similarities between the products and how they are marketed.
In Judge Cannon’s order Thursday, she wrote that VPR’s registration of the trademark grants it priority, and in addition, the company has shown there is a likelihood of confusion because “Elf” is not something linked to vaping products specifically, while the “bar” suffix is commonly used for vapes that have a bar shape — so consumers familiar with vaping could see Elfbar and believe it is from the Elf brand.
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