The Elf Bar brand dominated the disposable vape market before a trademark dispute forced one of the most significant rebrandings in vaping history. Here's the full story of how VPR Brands' legal action transformed Elf Bar into EBDesign.
The Timeline
2017: VPR Brands Stakes Its Claim
VPR Brands, an American company, filed a trademark application for "ELF" in the vaping category. This seemingly routine filing would later prove crucial.
2018: The ELF Trademark Is Registered
The U.S. Patent and Trademark Office officially registered VPR's ELF trademark. At this point, the Chinese company Shenzhen Weiboli Technology (maker of Elf Bar) was not yet a significant U.S. market player.
2020: Elf Bar Enters the American Market
Shenzhen Weiboli began aggressively marketing Elf Bar products in the United States. The brand quickly gained traction, becoming one of the best-selling disposable vapes.
In December 2020, Shenzhen Weiboli filed a U.S. trademark application for "ELFBAR." This application was later abandoned amid the legal dispute.
2022: The Lawsuit
VPR Brands filed a trademark infringement lawsuit, alleging that Elf Bar's branding caused consumer confusion with their established ELF trademark. Key claims included:
- Customer confusion between ELF and ELFBAR products
- Intentional trademark infringement
- Damages from lost sales and brand dilution
VPR also sought a preliminary injunction to stop Elf Bar sales immediately.
2022-2023: The Court Rules
Judge Aileen Cannon of the United States District Court for the Southern District of Florida granted VPR's request for a preliminary injunction. The order prohibited Shenzhen Weiboli from:
- Advertising products under the "ELFBAR" name
- Selling products branded as "ELFBAR"
- Using any branding confusingly similar to "ELF"
This effectively forced Elf Bar out of the U.S. market under its existing branding.
The Rebranding
EBDesign Emerges
Rather than exit the lucrative American market, Shenzhen Weiboli rebranded to "EBDesign." The change was rapid:
- New packaging dropped all "ELF" references
- Marketing materials updated
- Retail partners transitioned inventory
- Online presence migrated to new branding
The products themselves remained largely identical. Same devices, same flavors, different name.
Consumer Response
The rebranding caused initial confusion:
- Customers searched for discontinued "Elf Bar" products
- Retailers explained the name change repeatedly
- Some consumers assumed EBDesign was a knockoff
- Brand recognition required rebuilding
Despite these challenges, EBDesign maintained significant market presence.
Implications for the Vaping Industry
Trademark Vigilance
The case demonstrated that vaping trademark disputes carry real consequences. Key lessons:
- Existing trademarks matter, even if not from major players
- International brands must research before U.S. expansion
- Court injunctions can force immediate market exit
- Rebranding costs money and market position
International Brand Challenges
Chinese vaping manufacturers learned that U.S. trademark law applies regardless of brand popularity abroad:
- Success in other markets doesn't guarantee U.S. rights
- Trademark registration timeline matters
- Legal defense costs can exceed prevention costs
Precedent Setting
The ruling may influence future disputes:
- Courts willing to grant injunctions for trademark conflicts
- Brand similarity (ELF vs ELFBAR) can constitute infringement
- Market position doesn't override prior trademark registration
What Happened to Both Companies
VPR Brands
VPR continued marketing their ELF-branded products, though they never achieved the market presence Elf Bar had established. The legal victory provided trademark protection but didn't automatically transfer customer loyalty.
Shenzhen Weiboli (EBDesign)
The company successfully transitioned to EBDesign branding. While the forced rebrand caused short-term disruption, the products' popularity continued. EBDesign remains a major disposable vape brand.
Current Status
As of 2025:
- "Elf Bar" products are not legally sold in the United States
- EBDesign products are widely available
- International markets may still use Elf Bar branding
- The lawsuit's settlement terms remain partially confidential
The Bigger Picture
This case illustrates broader dynamics in the rapidly growing vaping industry:
Regulatory Attention
Beyond trademark issues, disposable vapes face:
- FDA enforcement questions
- State-level bans
- Environmental concerns
- Youth access prevention efforts
Market Volatility
The disposable vape market changes rapidly:
- New brands emerge constantly
- Legal challenges can reshape markets overnight
- International supply chains complicate enforcement
Brand Value
The rebranding demonstrated both the value and fragility of brand recognition:
- Elf Bar had built significant consumer awareness
- Legal requirements forced abandonment of that equity
- Rebuilding under new branding required significant investment
Lessons for Consumers
For vapers, this situation highlighted:
- Brand names can change suddenly
- Products may continue under new names
- Verify you're buying from legitimate sources
- "Elf Bar" products in the U.S. may be counterfeits
Conclusion
The Elf Bar lawsuit represents one of the most significant legal actions in disposable vape history. It demonstrated that trademark law applies fully to vaping products and that even market-leading brands must respect prior registrations.
Whether the outcome was fair depends on perspective. VPR Brands held a valid trademark. Shenzhen Weiboli built a successful brand that arguably infringed on it. The courts sided with the trademark holder.
For the industry, the case serves as a reminder: legal groundwork matters as much as product development.
Related: ElfBar BC5000 Review
