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In the latest twist in a bitter legal trademark battle between rival e-cigarette firms, the makers of Elf Bar disposable vapes are fighting the court order that prompted them to change the product’s name to EB Design.
Lawyers for Shenzhen Weiboli Technology say VPR Brands is undeserving of patent protections because it has not obtained premarket authorisation for its products from the US Food and Drug Administration (FDA).
They told a Federal Circuit court that factoring in VPR’s lack of premarket tobacco product application (PMTA) approval will ensure consistency in US appellate courts. Otherwise, “a party’s trademark on goods sold in violation of federal law could be enforceable in Florida but unenforceable in California”.
