(Dallas, Mar.1st, 2023) On Thursday, February 23rd, we were disappointed to learn that in the ongoing trademark infringement dispute with VPR Brands, LP (VPR), the United States District Court for the Southern District of Florida granted VPR’s motion for a preliminary injunction requiring our partners to halt the sales of our ELFBAR-branded products in the United States, and denied our motion to supplement the record for that motion with favorable consumer survey evidence that we obtained in recent weeks regarding the likelihood of consumer confusion between our brand and that of VPR.
Upon learning of this order, we immediately took action to appeal the district court’s preliminary injunction order to the U.S. Court of Appeals for the Federal Circuit. We have also requested that the district court stay its order pending appeal. One of our distributors also has filed a Petition for Cancellation of VPR’s ELF trademark registration with the United States Patent and Trademark Office’s Trademark Trial and Appeal Board.
In October 2022, VPR filed this lawsuit against our brand and several distributors, alleging both trademark infringement of its registered ELF trademark and patent infringement. VPR has filed numerous lawsuits against manufacturers and distributors of disposable vaping products over the past two years claiming infringement of the asserted patent, often dismissing those suits voluntarily when challenged on the merits or settling its claims for relatively small amounts.
We have vigorously defended our legal position in this matter and have maintained an ongoing active communication with our industry partners, both of which we plan to continue as we move forward.
Although we are disappointed with the district court’s preliminary order, we own a U.S. trademark registration for the distinctive bubble and flower design mark, which is well-known to our users, and we will continue to provide the same products bearing this registered design mark. To safeguard the interests of our users and partners, we have decided to launch a new brand called EBDESIGN for these products, with the design mark shown above. We are taking steps to protect the EBDESIGN trademark in the United States and elsewhere.
Our newly branded EBDESIGN products share the same features as our previously branded products. Please kindly give your support to our ongoing brand shift, which we are confident will be handled responsibly.
Since the U.S. is one of our primary markets, EBDESIGN products will continue to offer choice, quality, and trust to our local customers. We are fully committed to consistently delivering top-notch products and unrivaled customer support.
The EBDESIGN Team
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