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What’s in a name? Another round begins in the fight for the right to be called Elf

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 VPRs lack of premarket tobacco product application (PMTA) approval will ensure consistency in US appellate courts. Otherwise, a partys trademark on goods sold in violation of federal law could be enforceable in Florida but unenforceable in California”.

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This article was written by one of ECigIntelligence’s international correspondents. We currently employ more than 40 reporters around the world to cover individual vaping markets. For a full list, please see our Who We Are page.

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