Ban in ‘Elf’ Vape Trademark Suit Reversed by Federal Circuit

A ban on a Chinese company selling “Elf Bar” vapes can’t stand because a district court failed to analyze whether the rightsholder’s use of “Elf” on an illegal product negated its trademark rights, the Federal Circuit said Wednesday.

“Elf Bar” seller Shenzhen Weiboli Technology Co. Ltd. argued the “unlawful use doctrine” precluded a preliminary injunction as plaintiff VPR Brands LP failed to clear its “new tobacco product” with the government as required under federal law. The district court wrongly dismissed the defense without parsing the propriety of the doctrine, a proper standard, or Weiboli’s evidence, the US Court of Appeals ...