UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT PIERCE DIVISION

CASE NO.: 9:22-cv-81576-AMC and 22-cv-81977-AMC

CONSOLIDATED CASES

VPR BRANDS, LP,

Plaintiff, 

v. 

SHENZHEN WEIBOLI TECHNOLOGY CO. 

LTD., et al.,

Defendants. 

VPR BRANDS, LP, 

Plaintiff, 

v. 

IMIRACLE HK LIMITED and HEAVEN 

GIFTS INTERNATIONAL LIMITED, 

Defendants. 

[Proposed] ORDER

This matter is before the Court on Defendant / Counterclaim Plaintiff Imiracle (HK) 

Limited’s Motion for Preliminary Injunction (ECF No. __), pursuant to 15 U.S.C. § 1116 and Fed. 

R. Civ. P. 65. On _______________, the Court held a hearing on the Motion. 

The Court, having considered the Motion, any Opposition thereto, and the testimony heard 

at the hearing, and having found good cause therefor, hereby ORDERS AND ADJUDGES that 

the motion is GRANTED and a preliminary injunction is entered as follows: 

Case 9:22-cv-81576-AMC Document 161-5 Entered on FLSD Docket 05/01/2023 Page 1 of 3
1. Plaintiff / Counterclaim Defendant VPR Brands, LP and Counterclaim Defendant 

ELF Brand LLC, their affiliates, officers, agents, servants, employees, attorneys, confederates, and 

all persons acting for, with, by, through, under, or in active concert with them, and all persons who 

receive actual notice of this preliminary injunction, are enjoined and restrained from: 

a. Importing, distributing, advertising, marketing, licensing, or selling all ELF 

and ELFBAR e-cigarette products in the United States; and 

b. Using Imiracle’s ELF trademark, any design that looks substantially similar 

to Imiracle’s ELF trademark, or any mark confusingly similar to Imiracle’s ELF trademark 

in connection with the importation, distribution, advertising, marketing, licensing, or sale 

of any e-cigarette product in the United States.

2. Counterclaim Defendants shall immediately cease fulfillment of any order or sale 

of ELF or ELFBAR e-cigarette products.

3. Counterclaim Defendants shall immediately sequester all inventories of any ELF 

or ELFBAR e-cigarette products in their possession, custody, or control, and hold such goods in 

trust for the Court during the pendency of this action.

4. Within fourteen (14) days of entry of this Order, Counterclaim Defendants shall 

provide to Imiracle and the Court a full and complete written accounting of all ELF or ELFBAR 

e-cigarette products in Counterclaim Defendants’ possession, custody, or control. 

5. Within fourteen (14) days of entry of this Order, Counterclaim Defendants shall 

provide a written accounting to Imiracle of all revenues and profits realized from Counterclaim 

Defendants’ use of the ELF mark.

6. Within two (2) business days of entry of this Order, Counterclaim Defendants shall 

provide a copy of this preliminary injunction Order to all persons to whom Counterclaim 

Case 9:22-cv-81576-AMC Document 161-5 Entered on FLSD Docket 05/01/2023 Page 2 of 3
Defendants have licensed the ELF or ELFBAR marks and to all persons who purchased ELF or 

ELFBAR e-cigarette products from Counterclaim Defendants in the United States or for 

distribution in the United States, by electronic mail or other means calculated to give actual notice 

to such persons, and each Counterclaim Defendant shall certify its compliance with this directive 

within seven (7) days of receipt of this Court’s Order. 

DONE AND ORDERED in Chambers at Fort Pierce, Florida, this ______ day of May 

_____, 2023. 

AILEEN M. CANNON

UNITED STATES DISTRICT JUDGE

Case 9:22-cv-81576-AMC Document 161-5 Entered on FLSD Docket 05/01/2023 Page 3 of 3