The U.S. Court of Appeals for the Federal Circuit (CAFC) today vacated and remanded a district court’s grant of a preliminary injunction to VPR Brands, LP, which accused Shenzhen Weiboli Technology Co. Ltd of infringing its ELF trademark for electronic cigarettes and associated products. VPR sued Weiboli in the U.S. District Court for the Southern District of Florida, alleging infringement via Weiboli’s distribution of its ELFBAR branded e-cigarettes, which VPR said were likely to cause confusion in the marketplace. The next day, VPR filed a motion for preliminary injunction against the ELFBAR products.
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