While the name may change, Elfbar’s logo pattern will stay the same. Photo credit: 2Firsts
According to a 2Firsts report, disposable vape brand Elfbar will be rebranding as EB Design but will retain its original logo pattern, after losing a trademark infringement suit in the US.
On February 23, US district judge Aileen M. Cannon ordered Shenzhen Weiboli Technology to stop marketing its Elfbar devices in the US after determining that VPR Brands, which manufactures and sells vape products under the Elf brand, is likely to succeed in its lawsuit alleging that Elfbar vapes violate its trademark.
In November, VPR requested an injunction preventing Shenzhen Weiboli from using the Elfbar mark. According to VPR, the alleged infringement has cost them nearly US$100 million in lost sales as a result.
Judge Cannon found VPR has demonstrated that there is a chance of confusion and that its business will be harmed if its Chinese rival is permitted to continue selling Elfbar vapes.
Although there is no definite evidence that Shenzhen Weiboli intended to adopt the Elf mark specifically to leverage on the existing trademark, Judge Cannon concluded that the company was well aware of the Elf mark and that there was a chance of confusion because the US Patent and Trademark Office (USPTO) refused to register the Elfbar trademark for those same reasons.
Shenzhen Weiboli will appeal the judge’s order. A company spokesperson told 2Firsts that Elfbar suppliers and distributors in the US market are aware of the rebranding and are prepared, so it will not affect Elfbar’s market. At the same time, ELFBAR's strategic goal of focusing on the US remains unchanged.