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iMiracle’s Elf bar, one of the most recognizable disposable vapes, will be using another name in the U.S. soon due to an ongoing trademark infringement case. The disposable will be sold under the name EBDesign in the U.S. Outside the US, the disposables will still be sold under the Elf Bar name.
The company filing against EBDesign is called VPR Brands. VPR is a vape company that manufactures both CBD and nicotine vapes. They applied for the ELF trademark in 2017, and the trademark was successfully registered in 2018.
There is a VPR Elf device being sold under the name “Elf Auto Draw Conceal Oil Vaporizer” sold under their Honeystick brand. However, that device is a CBD device and not a nicotine vaping device. Though the ELF brand on their website currently directs users to the Honeystick product, the device they are likely suing over is one that is being shown on an Elf Bar website. Though the site states the Elf devices are “coming soon,” no PMTA approval of such devices has been announced by the FDA.
While the case is ongoing, the courts granted VPR's request for a preliminary injunction. This would prevent iMiracle from importing devices that still have the Elf Bar branding on them. iMiracle is challenging the injunction in court while preparing to rebrand their devices to EBDesign. One of the company's distributors has also submitted a petition to the U.S. Patent and Trademark Office appeal board seeking to nullify VPR's trademark.
The model numbers for EBDesign products will be the same as the Elf Bar’s models, so the Elf Bar BC5000’s equivalent will be the EBDesign BC5000.
For the average vaper in the US, the main takeaway is to be on guard for fake Elf Bars. Since they can no longer be imported as Elf Bars in the U.S., devices still being sold under that name will run out soon. There will still be many people looking for EBDesign devices under their old name, which makes it an appealing vape to counterfeit.
Though many smaller disposable devices can change their names quickly, “Elf Bar” is one of the most popular vapes that have almost become synonymous with a large, rechargeable, disposable vape. iMiracle has also fought for brand recognition and verification of the legitimacy of their devices. There will be some time before iMiracle’s devices are available in the U.S. again.
As shortages rise, finding out where to buy the dwindling supply of Elf Bars is going to become more difficult. There may still be some less popular Elf Bar flavors left on shelves for a while. However, if months have passed and VPR brands has not fully launched their Elf Bars, be wary of any store still selling them.
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