Maucher Jenkins successfully represents ELFBAR before the Regional Court in Düsseldorf in trademark dispute
ELFBAR is a world-leading vaping brand dedicated to providing adult users with effective harm reduction products spanning from single-use to reusable categories. According to an analysis by Statista Market Insights from 2022/2023, ELFBAR is among the most popular vaping brands in Germany. Due to the wide recognition of ELFBAR products, the brand is constantly fighting against imitation products and infringements on the market.
In the judgement on 9 April 2025, the Regional Court Düsseldorf (case no. 2a O 189/24) upheld a default judgement previously issued on 17 October 2024 in favour of ELFBAR. An entrepreneur from Munich used the trademark "ELFPRO" to label his e-cigarettes. In its decision, the court confirmed a likelihood of confusion between the trademarks ELFBAR and ELFPRO.
In its decision, the Regional Court clarified that the matching word at the beginning "ELF" in both trademarks has original average distinctive character, even if the targeted German consumers would read and recognise the corresponding number "11" or the English term for "elf" in this part of the trademark. Due to this match between the two trademarks at the beginning of the word, there is a likelihood of confusion for the relevant public.
The decision of the court is not yet final. The proceedings have been led by Maucher Jenkins partners Dr Michael Nielen and Dr Gerrit Schultz in Germany. In the UK, the proceedings are led by Maucher Jenkins partner Katie Cameron.
Image (Source: www.heavengifts.com/brands)
