From Elf Bar to EB Create – Everything about the Lawsuit!

Gavel Banging

If you have been wondering what’s going on with your favorite vaping device, then look no further than the following article to give you all the information you’ve been looking for.

It’s always nice to be able to stay abreast of all news and happenings in the world of vaping devices and you can always count on the experts at Blackout Vapors to have it for you, right here on our site.

Key Takeaways

  • The company Shenzhen iMiracle Technology Co. Ltd., has recently been sued by VPR brands over the Elf Bar trademark that was allegedly not theirs to use.
  • Unless this ruling is overturned, the company will not be able to distribute the Elf Bar vape pen under the original name.
  • The original vape pen will now be marketed and distributed as EB Create, but the flavors, style, and packaging will remain the same.

It’s frustrating when you find a product that quickly becomes a favorite, then suddenly disappears.

But don’t worry too much…the creators behind the much-loved Elf Bar are going to come back stronger than ever! You may just need to get used to a different name…at least for awhile.

The History Behind the Elf Bar Lawsuit

One of the most popular vaping products worldwide, Elf Bar branded products have quickly gained a name for themselves, thanks to the vape pens’ sleek design, fantastic flavors, and ease of use.

But, unfortunately for the company and designers behind this vape favorite, the name that they chose is now coming under major scrutiny and will not be allowed to be attached to this preferred vape pen any longer..at least not until the Elf Bar brand has a chance to appeal the decision.

What happened was this…

The parent company of Elf Bar, the Chinese manufacturer Shenzhen iMiracle Technology Co. Ltd., has been sued in the United States district court by VPR brands, a Florida-based company that claims to have rights to the “Elf” brand name for any vaping products that are distributed in the United States.

Currently, Shenzhen iMiracle Technology Co can still distribute their vape products with the original “Elf” name in other countries…at least for the time being (though VPR brands may be fighting that as well.)

After the Elf Bar trademarks lawsuit and name change, the much-loved vape device was known as EB Design and it will be referred to as EB Create from now on in the U.S., although the company may eventually restore the Elf Bar name if the company wins their appeal and they are allowed to begin using the “Elf” name for their vaping devices again.

The new EB Create-branded products will begin arriving at U.S. ports soon, if they haven’t already by the time this article comes out.

Though this lawsuit is a big loss for the Elf Bar brand in general, other disposable brands that are made by this vaping device’s parent company Shenzhen iMiracle Technology Co. will remain unchanged.

Two of the more popular ones made by this manufacturer include the Lost Mary and Funky Republic brands.

The original lawsuit was filed in the U.S. District Court in Florida.

After much back-and-forth testimony and debate, the District Court Judge Cannon granted VPR’s motion for a preliminary injunction.

What this means is that Shenzhen iMiracle Technology Co. will not be able to continue importing any of their “Elf”-branded products into the United States under that specific name.

It also means that Shenzhen iMiracle Technology Co. and their master distributors are prohibited from selling any of the already-manufactured, produced, and shipped ELF products until further notice.

What will happen with existing Elf Bar stock during this ongoing trademark infringement dispute? Though this is still a bit unclear.

It may be that any distributor who has already invested in large quantities of the Elf Bar vaping device may be allowed to continue to sell off the stock they have left, but only if it is not being publicly advertised or promoted with the original name attached to it.

It is important to note that the Shenzhen iMiracle Technology Co. is in the process of appealing this ruling and that – if overturned – the company will most likely be able to resume the distribution and selling of their products within the United States.


Elf Bar BC5000 Disposable Cranberry Grape


After the Elf Bar Ruling…What Comes Next?

Knowing what has happened to your favorite vaping device is important…

But knowing what is going to come next is equally so!

What does this lawsuit mean for the future of the Elf Bar vape pen? First, it’s going to be important to know that the original product that has become so widely popular in the United States is not going to change.

Vape enthusiasts who love the fantastic flavors of the EB Create vape pens as well as its high quality and nicotine strength are not going to be disappointed.

That said, those who are unaware of the recent lawsuit and name change will most likely find themselves a bit confused and disappointed when they try to purchase a favorite flavor and they can’t locate it under the previous name.

If you know people who are big fans of the original Elf vape pen, do them a favor and pass along this information. Letting fellow vape enthusiasts know that one of the best brands to hit the vape market has a new name will allow everyone to be able to continue to enjoy all the great flavors and conveniences this company has been bringing us for years…and hopefully years to come.

Not only that, but you can also pass along the fact that as long as there is an ongoing Elf Bar branded products trademark infringement dispute, the Shenzhen iMiracle Technology Co. is going to need all the support and marketing help they can get to make sure the word gets out on the street that the beloved brand now known as EB Create Vapes is still the same vape pen that we’ve all already come to know and love!

Trademark Infringement and the Future for the Vape Industry

The Elf Bar lawsuit and name change shed an interesting light on the importance of trademark protection for all products in the vaping industry.


Though vaping products are sometimes criticized as being nothing more than electronic cigarettes, those who appreciate the difference between vape pens and traditional cigarettes will continue to fight for the right to use vape devices as desired and to remove the stigma associated with them.

Vape companies need to continue to protect their rights as well as their trademarks and not let the naysayers push them out of the limelight.

The case with Elf Bar and its parent company is a good reminder to all parties involved in the vaping industry that it’s important to stay vigilant and continue to protect the manufacturers, distributors, and users of all vaping devices against those who would like to see them sink instead of swim.


Elf Bar BC5000 Ultra Disposable Strawberry Mango

Want to Know More? Reach Out to the Experts at Blackout Vapors!

When you want to know the latest industry information or trends, come to Blackout Vapors for all the most pertinent and current information about the vape market today.

From new releases to interesting industry information, Blackout Vapors is your website for all things vape-related.

Not only do we have the best Elf Bar disposables in all the EB Create BC5000 flavors you’ve always loved, but we also have plenty of other brands as well.

Blackout Vapors carries a great selection of vaping accessories as well. Take a few minutes and come check out all we have to offer.

From news to newsworthy vape products…it’s all here at Blackout Vapors!

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