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In a significant legal development, the US Court of Appeals for the Federal Circuit has ruled that Shenzhen Weiboli Technology, the maker of the popular Elf Bar vape, can challenge a court-imposed order banning the company from selling its products under the “Elf” trademark in the US. The company had been sued by VPR Brands, a Florida-based company that claims to have rights to the “Elf” brand for vaping products in the US.
The ruling highlighted that the district judge had “misread” legal precedent and based the injunction on a “deficient” analysis of trademark infringement claims.
