Tag: VPR Brands

  • VPR: $1.77 Million in Revenue, Down From $1.9 Million

    VPR: $1.77 Million in Revenue, Down From $1.9 Million

    VPR Brands reported revenues of $1.77 million for the second quarter of 2024, down from $1.9 million in the comparable 2023 quarter. Gross profit was $451,469, compared with $1.1 million in the second quarter of 2023.

    “While the second quarter presented some challenges, we are encouraged by the solid growth in our product sales and the positive trajectory of our business,” said VPR Brands CEO Kevin Frija.

    “Our ability to generate consistent revenue, coupled with our strategic investments, positions us well for future success. We are committed to driving innovation and expanding our market presence, and we believe that our focus on quality and customer satisfaction will continue to deliver value to our shareholders.”

    Looking ahead, VPR Brands says it remains focused on expanding its product lines and enhancing its market footprint. “With a solid balance sheet and a dedicated team, the company is well-positioned to capitalize on emerging opportunities in the electronic cigarette and vaporizer markets,” the company wrote in a press note.

    Photo: crizzystudio
  • Federal Court Reverses ‘Elf’ Trademark Suit

    Federal Court Reverses ‘Elf’ Trademark Suit

    VV Archives

    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 court stated 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, according to media reports.

    The U.S. Court of Appeals stated in its opinion that the district court wrongly dismissed the defense without considering the propriety of the doctrine, a proper standard, or Weiboli’s evidence.

    The Federal Circuit ruled that the district judge who ordered the injunction “misread” precedent and relied on a “deficient” legal analysis.

    A U.S. federal judge on Feb. 23 ordered Shenzhen Weiboli Technology to stop marketing its Elfbar e-cigarettes in the U.S., finding that VPR Brands, which makes and sells Elf brand vapes, is likely to succeed on its claims that the Elfbar vapes infringe its trademark, reports Law360.

    According to U.S. District Judge Aileen M. Cannon, VPR has shown there is a likelihood of confusion and the company stands to suffer harm if its Chinese competitor is allowed to keep selling the Elfbar vapes.

    In November, VPR asked for an injunction blocking Shenzhen Weiboli from continuing to use the Elfbar mark, arguing the alleged infringement is costing VPR about $100 million because of the effect on future sales.

    VPR claims Shenzhen Weiboli is not only infringing VPR’s Elf trademark but also its patent for its e-cigarette device.

  • Elfbar to Rebrand as EB Design After Trademark Loss

    Elfbar to Rebrand as EB Design After Trademark Loss

    Photo: Olivier Le Moal

    Shenzhen Weiboli Technology Co. plans to relaunch its Elbar e-cigarettes under the name EB Design in the United States after losing a trademark dispute in court, reports 2Firsts.

    On Feb. 23, a federal judge ordered Weiboli to stop marketing its Elfbar e-cigarettes in the U.S., finding that VPR Brands, which makes and sells Elf brand vapes, is likely to succeed on its claims that the Elfbar vapes infringe its trademark

    In an interview with 2Firsts, Elfbar’s North American public relations manager said that while Elfbar would launch its new name in March, the brand would retain its original logo. The letters E and B in “EB Design” are believed to represent the initials of Elbar.

    Elfbar’s American PR manager said the company would continue to focus on the United States. The brand’s U.S. suppliers and distributors market are aware of name change and prepared for it, he noted.

  • U.S. Court Orders Elfbar to End U.S. Vape Sales

    U.S. Court Orders Elfbar to End U.S. Vape Sales

    Photo: md3d

    A U.S. federal judge on Feb. 23 ordered Shenzhen Weiboli Technology to stop marketing its Elfbar e-cigarettes in the U.S., finding that VPR Brands, which makes and sells Elf brand vapes, is likely to succeed on its claims that the Elfbar vapes infringe its trademark, reports Law360.

    According to U.S. District Judge Aileen M. Cannon, VPR has shown there is a likelihood of confusion and the company stands to suffer harm if its Chinese competitor is allowed to keep selling the Elfbar vapes.

    In November, VPR asked for an injunction blocking Shenzhen Weiboli from continuing to use the Elfbar mark, arguing the alleged infringement is costing VPR about $100 million because of the effect on future sales.

    VPR claims Shenzhen Weiboli is not only infringing VPR’s Elf trademark but also its patent for its e-cigarette device.

    While there is no direct evidence that Shenzhen Weiboli deliberately intended to adopt the Elf mark to take advantage of the existing trademark, Judge Cannon wrote that the company was well aware of the Elf mark and that there was potential for confusion, as the U.S. Patent and Trademark Office denied the registration of an Elfbar trademark specifically for those reasons.

    VPR welcomed the judge’s decision. “VPR is pleased that the court found Elf is a strong trademark and granted the injunction,” said Joel B. Rothman of Sriplaw, which represented VPR in the case. “The injunction will allow VPR to move quickly against infringers and counterfeiters in the marketplace.”

    An attorney for Shenzhen Weiboli said the company intends to appeal the order.

  • VPR Brands Gets FDA Warning for Nicotine Gummies

    VPR Brands Gets FDA Warning for Nicotine Gummies

    The U.S. Food and Drug Administration on Aug. 18 issued a warning letter to VPR Brands (doing business as Krave Nic) for marketing illegal flavored nicotine gummies—the first warning letter for this type of product.

    According to the FDA, these types of gummies are of particular public concern because of their resemblance to kid-friendly food or candy products and the potential to cause severe nicotine toxicity or even death among young children.

    VPR Brands markets gummies that have 1 mg of nicotine each and are available in three flavors – Blueraz, Cherry Bomb and Pineapple. The packaging claims that the products contain tobacco-free nicotine. This firm has not submitted a premarket tobacco product application to the FDA, and does not have a marketing authorization order to manufacture, sell or distribute these products in the U.S.

    “Nicotine gummies are a public health crisis just waiting to happen among our nation’s youth, particularly as we head into a new school year,” said FDA Commissioner Robert M. Califf in a statement. “We want parents to be aware of these products and the potential for health consequences for children of all ages—including toxicity to young children and appeal of these addictive products to our youth. The FDA will not stand by as illegal products infiltrate the marketplace.”

  • VPR Brands Wins Patent Appeal for Airflow Sensor

    VPR Brands Wins Patent Appeal for Airflow Sensor

    Credit: New Africa

    The Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office ruled to uphold the validity of a VPR Brands patent that is considered one of the first patents for modern electronic nicotine-delivery system (ENDS) products.

    The PTAB denied the appeal filed by Jupiter Research (case No. IPR2022-0029) that was seeking to invalidate the VPR’s U.S. Patent number 8,205,622 B2. The decision of the PTAB is not appealable.

    The VPR patent dates to 2009 and includes independent claims covering electronic cigarette products containing an electric airflow sensor, including a sensor comprised of a diaphragm microphone, according to a press release.

    The sensor turns the battery on and off, and covers most auto-draw, button-less e-cigarettes, cig-a-likes, pod devices and vaporizers using an airflow sensor rather than a button.

    The PTAB’s decision denying institution clears the way for VPR’s infringement litigation against Jupiter pending in the District of Arizona to proceed. Claim construction in that pending suit has already been completed. While some discovery still remains, the case should proceed to pre-trial motions this year, according to the release.

    VPR Brands along with its representation, SRIPLAW, has started to identify and notify over 50 of the leading companies using the auto-draw technology and VPR Brands intends to vigorously enforce its patent.

    “These companies were prioritized, based on sales volume and popularity. Most recently VPR Brands LP and its legal team, headed by Joel B Rothman of SRIPLAW, have filed litigation against nine of the companies,” the release states. “Additional lawsuits will continue to be filed as necessary to protect the company’s intellectual property rights.”

    A majority of the vaping devices sold in the U.S. now utilize an auto-draw/button-less technology. The company is investigating all button-less vape devices within the nicotine, CBD and cannabis space that initiate vaporization from the user’s airflow inhalation as those types of products would be suspect of infringement.

    The company may also seek a buyer for this patent in the future. In August 2013, Imperial Tobacco Group (now ITG Brands) purchased the intellectual property behind the Ruyan e-cigarette, often considered the first modern ENDS product, for $75 million.

  • VPR Brands Settles E-Cigarette Airflow Patent Lawsuit

    VPR Brands Settles E-Cigarette Airflow Patent Lawsuit

    VPR Brands has settled a patent lawsuit that applies to technology used by numerous e-cigarette manufacturers. The patent dates to 2009 and includes independent claims covering electronic cigarette products containing an electric airflow sensor, including a sensor comprised of a diaphragm microphone. The sensor turns the battery on and off, and covers most auto-draw, button less e-cigarettes, cigalikes, pod devices and vaporizers using an airflow sensor rather than a button.

    The technology is covered under electronic cigarette utility patent US 8205622. The lawsuit, filed on May 3, 2021 in the Florida Southern District Court, VPR Brands, LP v. HQDTech USA LLC and NEPA 2 Wholesale, LLC was settled with both defendants for a total sum greater than $275,000 to be paid to VPR Brands. In addition, pursuant to the terms of the settlement agreement, VPR Brands agreed to license the patent and related patents and applications to NEPA and some of its affiliates.

    “I want to thank our legal team at SRIPL Law for their hard work and diligence in settling this matter, they have been preparing to go to court and litigate on our behalf for the better of 2 years now and preparation is key in negotiating and settling any dispute,” stated Kevin Frija, CEO of VPR Brands in a press release. “Ultimately it is a win-win for all parties when a dispute can be settled ahead of trial, but you must be prepared to take it all the way and the litigation team at SRIP Law is ready, willing and able to go the distance if needed and that is what counts when protecting intellectual property.”

    Florida-based VPR Brands VPR Brands is a manufacturer of electronic cigarettes and vaporizers for nicotine, cannabis and cannabidiol (CBD). Its assets include issuing U.S. and Chinese patents for atomization-related products including technology for medical marijuana, hemp, and electronic cigarette products and components as well as lighters. The company is also engaged in product development, according to the release.