SRIPLAW

CALIFORNIA ◆ GEORGIA ◆ FLORIDA ◆ TENNESSEE ◆ NEW YORK

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT PIERCE DIVISION

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

VPR BRANDS, LP,

Plaintiff,

v.

SHENZHEN WEIBOLI TECHNOLOGY CO. 

LTD. (ELF BAR), YLSN DISTRIBUTION 

LLC, ECTO WORLD LLC, SAFA GOODS 

LLC, D&A DISTRIBUTION LLC, 

UNISHOW (U.S.A.), INC., SV3 LLC, and 

KINGDOM VAPOR INC.,

Defendants.

MOTION FOR AN ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT 

BE HELD IN CONTEMPT OF THIS COURT’S PRELIMINARY INJUNCTION ORDER 

ENTERED AT ECF 83

On February 23, 2023, this Court entered its Order granting VPR’s motion for 

preliminary injunction. The injunction provided:

Defendants, their affiliates, officers, agents, servants, employees, 

attorneys, confederates, and all persons acting for, with, by, through, under 

or in active concert with them are enjoined and restrained from: 

a. Importing, distributing, advertising, marketing, or selling all ELFBAR 

e-cigarette products in the United States; and 

b. Using VPR’s ELF registered trademark, any design that looks 

substantially similar to VPR’s ELF trademark, or any mark confusingly 

similar to VPR’s ELF registered trademark, in connection with the 

importation, distribution, advertising, marketing, or sale of any e-cigarette 

product in the United States. 

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After the Court’s Preliminary Injunction was issued, the defendants did not cease the 

conduct this Court enjoined. Defendant continued to distribute, advertise, market, and sell 

ELFBAR e-cigarette products in the United States. Defendants also undertook efforts to evade 

and subvert the injunction by concealing their sales of ELFBAR products by repackaging 

ELFBAR products in non-ELFBAR packaging. Plaintiff’s investigation caught defendants in the 

act of violating this Court’s order. An order to the defendants to show cause why they should not 

be punished for their contempt should therefore issue, along with sanctions against the 

defendants for their contempt. 

I. FACTS

1. Since the injunction issued on February 23, 2023, VPR’s CEO, Kevin Frija, has 

continued to receive numerous email advertisements promoting and marketing the sale of 

ELFBAR e-cigarette products in the United States. (April 6, 2023 Declaration of Kevin Frija 

(“Frija Decl.”), ¶ 3-4, Ex. 1).

2. Mr. Frija determined the email advertisements originated from multiple 

distributors, including the following Florida-based sub-distributors of ELFBAR products:

a. SMOKE SHOP DIRECT DIST INC. d/b/a SMOKE DIRECT DISTRIBUTION 

located in Ft. Lauderdale, Florida (Id., ¶ 5-6, Ex. 2);

b. MC HOLDINGS USA, LLC d/b/a ALPHA DISTRIBTION located in Boca 

Raton, Florida (Id., ¶ 5-6, Ex. 3);

c. USA VAPE COMPANY LLC located in Hollywood, Florida (Id., ¶ 5-6, Ex. 4).

3. On March 22, 2023 Mr. Frija received an email advertisement brochure from 

advertisement from defendant SAFA GOODS LLC (“SAFA”), from the email 

sales@safagoods.com, continuing to advertise and offer for sale ELFBAR products. (Id., ¶ 8, Ex. 

5).

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4. Based upon the advertisements and location of the sub-distributor companies 

listed above in Florida, the email advertisement from defendant SAFA in which SAFA 

continues to market and offer ELFBAR for sale, and the status of SAFA as a Port Charlotte, 

Florida-based master distributor of ELFBAR products, it is reasonable to believe that the subdistributor companies listed above that continue to market, advertise and sell ELFBAR products 

obtained those ELFBAR products from defendant SAFA GOODS LLC. (Id., ¶ 7).

5. THE KING OF VAPE is a chain of stores on the west coast of Florida that sell 

electronic cigarettes and related products. THE KING OF VAPE maintains a website at 

www.thekingofvape.com. The WHOIS report for the www.thekingofvape.com domain indicates 

that the registrant of the www.thekingofvape.com domain is Taher Shriteh with an email address 

of tshriteh@gmail.com. (Id., ¶ 10, Ex. 8).

6. THE KING OF VAPE is a fictitious name registered with the Florida Division of 

Corporations to ORANGE WHOLESALE LLC, and the individual responsible for the King of 

Vape’s filings with Florida Division of Corporations is Taher Shriteh. (April 6, 2023 Declaration 

of Stephen Michael Smith (“Smith Decl.”), ¶ 8, Ex. 6).

7. THE KING OF VAPE is also a federally registered trademark of ORANGE 

WHOLESALE LLC. (Id., ¶ 9, Ex. 7).

8. According to the website at www.thekingofvape.com, under the “store locations” 

link, ORANGE WHOLESALE LLC operates 16 stores on the west coast of Florida under the 

name THE KING OF VAPE. (Id., ¶ 11).

9. ORANGE WHOLESALE LLC is a Florida limited liability company. The 

address for ORANGE WHOLESALE LLC is 2231 Tamiami Trail, Port Charlotte, FL 33948. 

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The registered agent is Taher Shriteh. The Managers are Taher Shriteh, Haitham Shriteh, and 

Ahmed Shriteh. (Id., ¶ 12, Ex. 9).

10. ORANGE WHOLESALE LLC was originally named CAPE SMOKES LLC. In 

2016 Taher Shriteh submitted a name change to change the LLC name to ORANGE 

WHOLESALE LLC. In 2017, Haitham Shriteh was added as a manager of ORANGE 

WHOLESALE LLC. In 2018, Ahmed Shriteh was added as an authorized representative of 

ORANGE WHOLESALE LLC. Since 2018, Taher Shriteh, Haitham Shriteh, and Ahmed Shriteh 

have been the managers, officers, or authorized representatives of ORANGE WHOLESALE 

LLC according to the records of the Florida Division of Corporations. (Id., ¶ 13).

11. SAFA GOODS LLC is a Florida limited liability company. The address for 

SAFA GOODS LLC is 1212 Market Circle, Port Charlotte, FL 33953. The registered agent is 

Haitham Shriteh. The managers are Haitham Shriteh, and Ahmed Shriteh. (Id., ¶ 14, Ex. 10).

12. Since 2018, Haitham Shriteh, and Ahmed Shriteh have been the managers of 

SAFA GOODS LLC according to the records of the Florida Division of Corporations. (Id., ¶ 15).

13. Taher Shriteh, Haitham Shriteh, and Ahmed Shriteh are all related by blood. (Id., 

¶ 16). 

14. Since March 30, 2023, VPR has confirmed that ELFBAR electronic cigarette 

products are being advertised, marketed and sold at THE KING OF VAPE (KOV) stores in 

Florida. (Id., ¶ 17, Ex. 11; April 12, 2023 Supplemental Declaration of Stephen Michael Smith 

(“Smith Supp.”), ¶ 3-4, Ex. 12).

15. Some of the ELFBAR electronic cigarette products marketed and sold at THE 

KING OF VAPE (KOV) stores are packaged in a BC-5000 outer box, not featuring the ELFBAR 

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name, however the products within the boxes are ELFBAR-branded. (Id. Ex. 11 at Fig, 1 and 

Fig. 9). 

II. MEMORANDUM OF LAW

A. Issuance of an Order to Show Cause is Proper Precursor to a Finding of Contempt.

“[I]njunctions are enforced through the district court's civil contempt power.” Alabama v. 

U.S. Army Corps of Eng'rs, 424 F.3d 1117, 1134 n.23 (11th Cir. 2005); Reynolds v. McInnes, 

338 F.3d 1201, 1208 (11th Cir. 2003); Reynolds v. Roberts, 207 F.3d 1288, 1298 (11th Cir. 

2000); Newman v. Alabama, 683 F.2d 1312, 1318 (11th Cir. 1982). If a party contends that 

another party is violating an injunction, the aggrieved party should move the court for an order to 

show cause why the other party should not be held in civil contempt. Thomas v. Blue Cross & 

Blue Shield Ass'n, 594 F.3d 823, 829 (11th Cir. 2010) (citing Roberts, 207 F.3d at 1298). 

“(T)he power to punish for contempts is inherent in all courts.” Young v. United States ex 

rel. Vuitton Et Fils S. A., 481 U.S. 787, 795 (1987) (internal quotations omitted) (quoting 

Michaelson v. United States ex rel. Chicago, St. P., M., & O. R. Co., 266 U.S. 42, 65 (1924)); 

Gompers v. Buck Stove & Range Co., 221 U.S. 418, 450 (1911) (“The power of courts to punish 

for contempts is a necessary and integral part of the independence of the judiciary, and is 

absolutely essential to the performance of the duties imposed on them by law”); In re Evergreen 

Sec., Ltd., 570 F.3d 1257, 1263 (11th Cir. 2009). “The underlying concern that gave rise to the 

contempt power was not, however, merely the disruption of court proceedings. Rather, it was 

disobedience to the orders of the Judiciary, regardless of whether such disobedience interfered 

with the conduct of trial.” Young, 471 U.S. at 798 (1987) (citing Bessette v. W.B. Conkey Co., 

194 U.S. 324, 333 (1904)). 

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B. An Order to Show Cause Should Issue 

Rule 65(d) provides that a preliminary injunction binds “the parties; the parties’ officers, 

agents, servants, employees, and attorneys, and other persons who are in active concert or 

participation with [them].” Fed. R. Civ. P Rule 65(d). 

In flagrant disregard of this court’s Preliminary Injunction order, one or more of the 

defendants in this case, their officers, as well as retail stores “in active concert” with one or more 

defendants, continue to distribute, advertise, market and sell ELFBAR e-cigarette products in the 

United States. 

VPR continues to receive email marketing and catalogues from Florida distributors of 

ELFBAR e-cigarette products advertising, marketing and offering for sale ELFBAR e-cigarette, 

including direct email advertisements from SAFA, a named defendant in this action. (Frija Decl., 

generally).

At least two defendants in this suit subject to the preliminary injunction, WEIBOLI and 

SAFA, disregarded and “refused to obey” this Court’s preliminary injunction order. Reynolds v. 

McInnes, 338 F.3d 1201, 1208 (11th Cir, 2003)(citing Roberts, 207 F.3d at 1298). SAFA is 

Weiboli’s master distributor in the Florida region, and SAFA has continued to advertise market 

and sell ELFBAR e-cigarette products.

Additionally, not only has SAFA marketed and sold ELFBAR e-cigarette products to 

retail stores, at least one chain of retail stores, operating under the King of Vape name, is in 

direct and active concert with SAFA. 

ELFBAR e-cigarette products remain on sale in physical retail stores, including the King 

of Vape retail stores located throughout Florida. (Smith Decl., generally). The “King of Vape” 

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is a fictitious name of Orange Wholsesale, LLC, a corporation sharing common ownership and 

management with Defendant SAFA GOODS, LLC. 

Some of the ELFBAR electronic cigarette products marketed and sold at The King of 

Vape stores are packaged in a BC-5000 outer box, not featuring the ELFBAR name, however the 

products within the boxes are ELFBAR-branded. (Smith Decl., Ex. 11 at Fig, 1 and Fig. 9). At 

least some of the goods being provided to King of Vape are placed in outer boxes that appear to 

comply with this Court’s preliminary injunction, concealing the ELFBAR-branded products that 

are actually being sold in violation of the of the preliminary injunction.

Taher Shriteh, Haitham Shriteh, and Ahmed Shriteh are all blood relatives, that together 

own and operate defendant SAFA GOODS, LLC (a distributor), and THE KING OF VAPE 

retail stores. “The relationship between the party enjoined and the nonparty that determines the 

permissible scope of an injunction.” Paramount Pictures Corp. v. Carol Publ'g Group, 25 F. 

Supp. 2d 372, 374 (SDNY 1998)(citing Regal Knitwear Co. v. Nat'l Labor Relations Board, 324 

U.S. 9, 15 (1945).

Taher Shriteh, Haitham Shriteh, and Ahmed Shriteh, as the officers and agents of SAFA, 

are subject to the preliminary injunction, and have “received actual notice” of the preliminary 

injunction order. Nevertheless Taher Shriteh, Haitham Shriteh, and Ahmed Shriteh, continue to 

sell ELFBAR e-cigarette products at their THE KING OF VAPE retail stores, owned by their 

related company Orange Wholsesale, LLC. Orange Wholesale, LLC is an “active concert” with 

SAFA, and is subject to the injunction.

At least Defendants Weiboli and Safa violated and remain in active violation of this 

Court’s preliminary injunction order. Further, Safa’s officers’ and agents Taher Shriteh, 

Haitham Shriteh, and Ahmed Shriteh and their related company, Orange Wholsesale, LLC, 

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despite being on notice for the preliminary injunction, are actively violating the injunction, by 

continuing to sell ELFBAR products at their THE KING OF VAPE retail stores. 

An Order to Show Cause why they should not be punished for their contempt should 

therefore issue to: (1) all named Defendants (2) Orange Wholsesale, LLC (dba The King of 

Vape); (3) Taher Shriteh; (4) Haitham Shriteh; and (5) Ahmed Shriteh.

DATED: April 12, 2023 Respectfully submitted,

/s/ Joel B. Rothman

JOEL B. ROTHMAN

Florida Bar Number: 98220

joel.rothman@sriplaw.com

LAYLA T. NGUYEN

Florida Bar Number: 1024723

layla.nguyen@sriplaw.com

SRIPLAW, P.A.

21301 Powerline Road

Suite 100

Boca Raton, FL 33433

561.404.4350 – Telephone

561.404.4353 – Facsimile

Counsel for Plaintiff VPR Brands, LP

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