Recently, according to LAW360, Vape Loft, an electronic cigarette retailer in the state of Georgia, has filed a lawsuit in federal court seeking to revoke the "ELF" trademark of American electronic cigarette company VPR, claiming that VPR should not hold the trademark rights.
According to reports, VPR has accused Vape Loft of selling electronic cigarettes under the name "ELFBAR" that are too similar to VPR's own Elf-branded products, thus infringing on the Elf trademark. VPR claims to have been using the trademark since November 2017 and received federal registration for it in June 2018, which covers electronic cigarette lighters, electronic cigarettes, and non-smokeable cigarette vaporization tubes.
VPR has filed a lawsuit against Vape Loft for trademark infringement and unfair competition under the Lanham Act and Georgia state law. VPR is seeking unspecified damages and an injunction to prevent Vape Loft from further using the Elf brand in its electronic cigarette products.
Vape Loft has stated that VPR did not conform to the requirements of the Family Smoking Prevention and Tobacco Control Act and related regulations when applying for or obtaining pre-market approval (PMTA) from the US Food and Drug Administration (FDA). Vape Loft claims that VPR did not create the Elf brand associated with its electronic cigarette products, nor did it have the right to register the trademark when applying for it.
Vape Loft denies any wrongdoing and argues that VPR cannot determine if the Elf trademark has priority over those held by Vape Loft.
Vape Loft also stated that they have over $30,000 worth of disposable products in their inventory, manufactured by Shenzhen Aiqijie or its licensees and distributed by Demand Vape. They claim that these products are very popular among their customers and generate a monthly revenue of $50,000.
VPR informed Law360 that the defense and accusations of Vape Loft were not new to them, as these accusations were previously filed by Demand Vape in a Florida court and were already dismissed by the court.
VPR reports that the Florida court has temporarily suspended the injunction during the appeals period.
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The legal battle between two vape companies over the use of the brand name "Elf" is intensifying in Georgia.
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