By Timothy S. Donahue
Top Takeaways:
- Legal win: Elfbar obtained global rights to the ‘Elf’ trademark after a three-year legal battle.
- U.S. gap: The company states that no authorized Elfbar products have been shipped to the U.S. since 2023.
- Enforcement focus: Elfbar is taking strong IP action as illegal vape products spread.
Elfbar has achieved a significant legal win over its “ELF” trademark, but the larger fight may still be lurking behind U.S. vape counters.
The company announced a permanent settlement with VPR Brands LP, ending a three-year dispute and confirming Elfbar’s ownership of all ELF-formative trademarks, including ELFBAR, ELFA, and ELFLIQ, across major global markets.
Under the agreement, VPR will withdraw all litigation, cease using the ‘ELF’ name on products and relinquish future claims tied to the trademark. “With this resolution, we cement our full-package, legitimate claims to the ‘ELF’ trademark,” an Elfbar spokesperson said.
The settlement covers major regions including the U.S., Canada, the U.K., and the European Union, effectively ending one of the more high-profile trademark disputes in the vape industry.
But even as the legal battle concludes, enforcement challenges persist—especially in the United States. Elfbar stated that infringing products exploiting its brand name are “rampant” in the U.S., where it has not shipped authorized products since February 2023. That gap has formed a vacuum.
“None of the products currently marketed in the U.S. bearing the ‘ELF’ trademark… is manufactured, shipped, supplied, or authorized by the brand,” the company said.
The situation highlights a broader problem in the U.S. nicotine market, where unauthorized disposable vapes fill retail shelves, often bearing familiar brand names without clear supply chains or regulatory approval.
For Elfbar, winning the trademark gives a stronger legal basis to challenge those products—but it doesn’t fix the core enforcement issue. “We will conscientiously enforce our rights globally to safeguard adult users from counterfeit and imitation products,” the company said.
The dispute itself dates back several years and included multiple rulings in China between 2020 and 2024 that supported Elfbar’s claim to the trademark.
