THE TICKTIN LAW GROUP

270 SW NATURA AVENUE, DEERFIELD BEACH, FLORIDA 33441

TELEPHONE: 954-570-6757

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

Case Number: 0:22-cv-62395

IMIRACLE (HK) LIMITED, 

Plaintiff,

v.

DRU HOUSE OF VAPE AND SMOKE, 

LLC d/b/a DRU HOUSE OF VAPE AND 

SMOKE, MISTY LEA THOMAS, and 

ANDREW M THOMAS,

Defendants.

___________________________________/

COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES

The Plaintiff, IMIRACLE (HK) LIMITED (hereinafter referred to as “IMIRACLE”), by 

and through its undersigned counsel, hereby files this, its Complaint against the Defendants, DRU 

HOUSE OF VAPE AND SMOKE, LLC d/b/a DRU HOUSE OF VAPE AND SMOKE, MISTY 

LEA THOMAS, and ANDREW M THOMAS (hereinafter collectively referred to as the 

“OWNERS”) and alleges, as follows:

Jurisdictional Allegations

1. This is a civil action against the Defendants for trademark infringement, 

counterfeiting, and false designation of origin and unfair competition, under the Lanham Act (15 

U.S.C. § 1051 et. seq.).

2. This Court has subject matter jurisdiction over the claims in this action that relate 

to trademark infringement, counterfeiting, and false designation of origin and unfair competition 

pursuant to the provisions of 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338(a). 

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Venue

3. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b) in that the 

Defendants reside in this district and the cause of action occurred in this district.

Parties

4. IMIRACLE is a Hong Kong Limited Liability Company that has its principal place 

of business in Hong Kong. IMIRACLE is the registered owner of the ELFBAR trademarks. 

IMIRACLE is a foreign national. 

5. DRU HOUSE OF VAPE AND SMOKE, LLC d/b/a DRU HOUSE OF VAPE AND 

SMOKE (hereinafter referred to as “DRU HOUSE OF VAPE AND SMOKE”) is a limited liability 

company that was formed in Florida and has its principal place of business at 1462 S Palm Ave, 

Pembroke Pines, FL 33025. DRU HOUSE OF VAPE AND SMOKE is a citizen of Florida. 

6. MISTY LEA THOMAS is a resident of Pembroke Pines, Florida, and is sui juris. 

MISTY LEA THOMAS is a citizen of Florida. 

7. ANDREW M THOMAS is a resident of Pembroke Pines, Florida, and is sui juris. 

ANDREW M THOMAS is a citizen of Florida. 

Facts Common to All Counts

The History of The ELFBAR Brand

8. Since 2018, IMIRACLE has marketed and sold nicotine vaporizing products using 

the well-known trademark “ELFBAR.” The ELFBAR branded products, such as disposable 

rechargeable E-cigarette Vapes, are widely recognized nationally and internationally. Indeed, the 

ELFBAR brand is one of the leading brands in the industry, known for the dependable and high

quality of products. 

9. For approximately four years, IMIRACLE has worked to distinguish the ELFBAR 

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brand as the premier manufacturer of disposable E-cigarette Vapes by emphasizing the brand’s 

unwavering use of quality materials and focusing on scientific principles which facilitate a superior 

smoking experience. It is precisely because of the unyielding quest for quality and unsurpassed 

innovation that ELFBAR branded products have a significant following and appreciation among 

consumers in the United States and internationally.

10. As a result of the continuous and extensive use of the trademark “ELFBAR,” 

IMIRACLE was granted both valid and subsisting federal statutory and common law rights to the 

ELFBAR trademark. 

11. IMIRACLE is the rightful owner of United States trademark below, which is

registered on the Principal Register and have become incontestable within the meaning of Section 

15 of the Lanham Act, 15 U.S.C. § 1065. 

12. U.S. Trademark Registration Number 6,555, 255 for the design logo (three circles 

above five leaves) in association with goods further identified in the registration in international 

class 034. This trademark is valid and in full effect. It appears as:

The ELFBAR Brand in the United States

13. IMIRACLE has used the ELFBAR Mark in commerce throughout the United 

States, continuously, since 2018, in connection with the manufacturing of E-cigarette Vapes and 

accessories. 

14. The ELFBAR Mark is distinctive to both the consuming public and the Plaintiff’s 

trade. IMIRACLE’s ELFBAR branded products are made from superior materials. The 

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superiority of ELFBAR branded products is not only readily apparent to consumers, but to industry 

professionals as well. 

15. The ELFBAR Trademark is exclusive to IMIRACLE and appears clearly on 

IMIRACLE’s ELFBAR products, as well as on the packaging and advertisements related to the 

products. IMIRACLE has expended substantial time, money, and other resources in developing, 

advertising, and otherwise promoting and protecting this Trademark. As a result, products bearing 

the ELFBAR Trademark are widely recognized and exclusively associated by consumers, the 

public, and the trade as being high-quality products sourced from IMIRACLE. 

16. Products bearing the ELFBAR Trademark have become some of the most popular 

e-cigarettes in the world and have also been the subject of extensive unsolicited publicity resulting 

from their high-quality and innovative designs. Because of these and other factors, the ELFBAR 

brand and the ELFBAR Trademark is famous throughout the United States.

17. Since 2018, IMIRACLE has worked to build significant goodwill for the ELFBAR 

brand in the United States. IMIRACLE has spent substantial time, money, and effort in developing 

consumer recognition and awareness of the ELFBAR brand, via point of purchase materials, 

displays, through their websites, attending industry trade shows, and through social media 

promotion. 

18. In fact, the ELFBAR products have been praised and recognized by numerous 

online publications, as well as publications directed to the general public.

19. IMIRACLE sells its products under the ELFBAR Mark to authorized stores in the 

United States, including in Florida. As such, ELFBAR branded products reach a vast array of 

consumers throughout the country.

20. Due to the brand recognition, ELFBAR branded products are targeted by 

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counterfeiters. These unscrupulous people and entities tarnish the ELFBAR brand by unlawfully 

selling E-cigarette Vapes that have identical, or nearly identical, versions of the ELFBAR Mark

affixed to products that are made with inferior materials and technology, thereby leading to 

significant illegitimate profits by the OWNERS, such as the Defendants in the instant case. 

21. In essence, the Defendants mislead consumers by selling in their stores low grade 

products that free ride on the goodwill of the ELFBAR brand, and in turn, the Defendants reap 

substantial ill-begotten profits. The Defendants’ offering for sale of counterfeit ELFBAR products 

contributes to the complete flooding of the marketplace with counterfeit ELFBAR products, which 

results in lost sales and damages to IMIRACLE and irreparable harm to the ELFBAR brand’s 

image.

22. Unfortunately, the current U.S. marketplace is saturated with counterfeit ELFBAR 

products – just like those the OWNERS, through their store, DRU HOUSE OF VAPE AND 

SMOKE, are offering for sale. As such, IMIRACLE has been forced to scrupulously enforce its 

rights in order to protect the ELFBAR Marks against infringement. By exercising its Enforcement 

Rights, IMIRACLE has proactively and successfully policed the unauthorized use of the ELFBAR 

Mark and/or counterfeit ELFBAR branded products nationwide. IMIRACLE has had to bear great 

expense to seek out and investigate suspected counterfeiters in its attempt to clean up the 

marketplace.

Defendants’ Offering for Sale Counterfeit Goods

23. The Defendants have, and they continue to, offer for sale counterfeit ELFBAR 

products with the ELFBAR trademark and without the consent of IMIRACLE. In fact, they offer 

counterfeit e-cigarette bearing imitations of the ELFBAR Trademark that were not made or 

authorized by IMIRACLE. These are hereinafter referred to as the “Counterfeit Goods.”

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24. Nevertheless, the Defendants have and continue to offer for sale in commerce the 

Counterfeit Goods, specifically, the Defendants offer for sale reproductions, counterfeits, copies, 

and/or colorable imitations of the ELFBAR Trademark (hereinafter the “Infringing Mark”), 

detailed above. 

25. The Defendants have, without the consent of IMIRACLE, continued to offer for 

sale in their store, the Counterfeit Goods bearing the Infringing Mark, bearing the likeness of the 

ELFBAR Trademark in the United States. 

26. The mark affixed to the Counterfeit Goods that the Defendants have offered for sale 

is a spurious mark which is identical with, or substantially indistinguishable from, the ELFBAR 

Trademark. The mark on the Counterfeit Goods isin fact a counterfeit mark as defined in 15 U.S.C. 

§ 1116(d).

27. In the ongoing investigation into the sales of counterfeit products bearing the 

ELFBAR Mark, DRU HOUSE OF VAPE AND SMOKE offered for sale Counterfeit Goods. 

28. Specifically, on September 22, 2022, IMIRACLE’s investigator attended DRU 

HOUSE OF VAPE AND SMOKE’s location, which was open to the public, and observed that it 

had an excess of E-cigarette Vapes which displayed the ELFBAR Trademark. The investigator 

purchased one from the batch, and it was a Counterfeit product in that it displayed an Infringing 

Mark.

29. The OWNERS authorized, directed, and/or participated in DRU HOUSE OF VAPE 

AND SMOKE’s offer for sale, in commerce, of the Counterfeit Goods. The OWNERS’ acts were 

a moving, active, and conscious force behind DRU HOUSE OF VAPE AND SMOKE’s 

infringement of the ELFBAR Trademark. 

30. The Defendants’ use of the counterfeit ELFBAR Trademark began after the 

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THE TICKTIN LAW GROUP

270 SW NATURA AVENUE, DEERFIELD BEACH, FLORIDA 33441

TELEPHONE: 954-570-6757

registration of the ELFBAR Trademark. Neither IMIRACLE, nor any of its authorized agents, 

have consented to the Defendants’ use of the ELFBAR Trademark, or any use of reproductions, 

counterfeits, copies and/or colorable imitations thereof. 

31. The unauthorized offering for sale by DRU HOUSE OF VAPE AND SMOKE, 

under the authority, direction and/or participation of the OWNERS, of the Counterfeit Goods was 

an unlawful act in violation of the Lanham Act, 15 U.S.C. § 1114 and 15 U.S.C. § 1125(a).

32. The offer for sale by the Defendants of the Counterfeit Goods bearing the Infringing 

Mark has caused IMIRACLE to suffer losses and is likely to cause damage to the goodwill and 

reputation associated with the ELFBAR Trademark, which is owned by IMIRACLE. 

33. DRU HOUSE OF VAPE AND SMOKE’s use of the ELFBAR Mark includes 

displaying to offer for sale unauthorized copies of Counterfeit ELFBAR branded products. DRU 

HOUSE OF VAPE AND SMOKE’s offering to sell the ELFBAR counterfeit products, bearing 

the Infringing Mark in this manner, was, and is, likely to cause confusion or to cause mistake 

and/or deceive consumers who purchase the Counterfeit Goods

34. DRU HOUSE OF VAPE AND SMOKE used images and names identical to or 

confusingly similar to the ELFBAR Mark, to confuse customers and aid in the promotion and sales 

of Counterfeit Goods under the Infringing Mark. 

35. The Infringing Mark affixed to the Counterfeit Goods that DRU HOUSE OF VAPE 

AND SMOKE has distributed, provided, marketed, advertised, promoted, offered for sale, and/or 

sold, is confusingly identical or similar to the ELFBAR Mark that IMIRACLE affixes to its Ecigarette Vapes.

36. The E-cigarette Vapes that DRU HOUSE OF VAPE AND SMOKE sells and offers 

for sale under the Infringing Mark are sometimes made of substantially inferior materials and 

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THE TICKTIN LAW GROUP

270 SW NATURA AVENUE, DEERFIELD BEACH, FLORIDA 33441

TELEPHONE: 954-570-6757

inferior technology as compared to genuine ELFBAR brand products.

37. DRU HOUSE OF VAPE AND SMOKE has distributed, provided, marketed, 

advertised, promoted, offered for sale, and sold its E-cigarette Vapes under the Infringing Mark 

through its retail convenience store. 

38. DRU HOUSE OF VAPE AND SMOKE has marketed, advertised, and promoted 

its Counterfeit Goods under the Infringing Mark through point of purchase displays, and/or its 

website, and/or via social media promotion.

39. DRU HOUSE OF VAPE AND SMOKE and the OWNERS’ infringing acts as 

alleged herein have caused and are likely to cause confusion, mistake, and deception among the 

relevant consuming public as to the source or origin of the Counterfeit Goods sold by DRU 

HOUSE OF VAPE AND SMOKE, and are likely to deceive, and have deceived, the relevant 

consuming public into mistakenly believing that the Counterfeit Goods sold by DRU HOUSE OF 

VAPE AND SMOKE originate from, and are associated or affiliated with, or otherwise authorized 

by IMIRACLE.

40. DRU HOUSE OF VAPE AND SMOKE and OWNERS’ acts are willful with the 

deliberate intent to trade on the goodwill of the ELFBAR Mark, cause confusion and deception in 

the marketplace, and divert potential sales of the Plaintiff’s E-cigarette Vapes to DRU HOUSE OF 

VAPE AND SMOKE.

41. DRU HOUSE OF VAPE AND SMOKE and OWNERS’ acts are causing and, 

unless restrained, will continue to cause damage and immediate irreparable harm to IMIRACLE, 

the ELFBAR Mark, and to its valuable reputation and goodwill with the consuming public for 

which IMIRACLE has no adequate remedy at law.

42. As a proximate result of the unfair advantage accruing to the OWNERS and DRU 

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THE TICKTIN LAW GROUP

270 SW NATURA AVENUE, DEERFIELD BEACH, FLORIDA 33441

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HOUSE OF VAPE AND SMOKE’s business from deceptively trading on IMIRACLE’s 

advertising, sales, and consumer recognition, the OWNERS and DRU HOUSE OF VAPE AND 

SMOKE have made and will continue to make substantial profits and gains to which they are not 

in law or equity entitled. 

43. The injuries and damages sustained by IMIRACLE has been directly and 

proximately caused by DRU HOUSE OF VAPE AND SMOKE and OWNERS’ wrongful 

advertisement, promotion, distribution, sale and offers for sale of their goods bearing 

infringements or counterfeits of the ELFBAR Mark. 

44. Through such business activities, the OWNERS and DRU HOUSE OF VAPE AND 

SMOKE purposefully derived direct benefits from its interstate commerce activities by targeting 

foreseeable purchasers in the State of Florida, and in doing so, have knowingly harmed 

IMIRACLE. 

45. Furthermore, the sale and distribution of Counterfeit Goods by DRU HOUSE OF 

VAPE AND SMOKE has infringed upon the above-identified federally registered trademark. 

46. The spurious mark or designation used by DRU HOUSE OF VAPE AND SMOKE

in interstate commerce is identical with, or substantially indistinguishable from, the ELFBAR 

Mark on goods covered by the ELFBAR Mark. Such use therefore creates a false affiliation 

between DRU HOUSE OF VAPE AND SMOKE, IMIRACLE, and the ELFBAR Mark. 

47. The OWNERS and DRU HOUSE OF VAPE AND SMOKE’s acts have damaged, 

and will continue to damage IMIRACLE, and IMIRACLE has no adequate remedy at law. 

Moreover, DRU HOUSE OF VAPE AND SMOKE and OWNERS’ wrongful acts will continue 

unless enjoined by the Court. Accordingly, the OWNERS and DRU HOUSE OF VAPE AND 

SMOKE must be restrained and enjoined from any further counterfeiting or infringement of the 

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ELFBAR Mark.

Count One - Federal Trademark Counterfeiting and Infringement, 15 U.S.C. § 1114

48. The Plaintiff avers Paragraphs 1 through 47, which are stated above and 

incorporates the allegations therein, as though they are fully restated in this Count by reference.

49. IMIRACLE owns the federally registered ELFBAR Trademark, as set forth in more 

detail in the foregoing paragraphs. 

50. The Defendants, without authorization from IMIRACLE, have used in commerce 

a spurious designation that is identical with, or substantially indistinguishable from, the ELFBAR 

Trademark on the same goods covered by the ELFBAR Trademark. 

51. The Defendants’ unauthorized use of counterfeit mark of the registered ELFBAR 

Trademark on and in connection with the Defendants’ offer for sale in commerce is likely to cause 

confusion or mistake in the minds of the public.

52. The Defendants’ conduct as alleged herein is willful and intended to cause 

confusion, mistake, or deception as to the affiliation, connection, or association of the Defendants, 

with IMIRACLE or the ELFBAR Trademark. 

53. The Defendants’ acts constitute willful trademark infringement in violation of 

Section 32 of the Lanham Act, 15 U.S.C. § 1114. 

54. The Defendants’ actions constitute the use by the Defendants of one or more 

“counterfeit mark(s)” as defined in 15 U.S.C. § 1116(d)(1)(B). 

55. The Defendants’ use in commerce of the counterfeit ELFBAR Trademark has 

resulted in lost profits and business to IMIRACLE, which are difficult to determine. The 

Defendants have also, by selling counterfeit ELFBAR products, caused considerable damage to 

the goodwill of the ELFBAR Trademark, and diminished the brand recognition of the ELFBAR 

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Trademark by introducing counterfeit products into the marketplace.

56. By reason of the foregoing, the Plaintiff is entitled to, among other relief, injunctive 

relief, an award of statutory damages, and costs of the action under Sections 34 and 35 of the 

Lanham Act, 15 U.S.C. §§ 1116, 1117, together with prejudgment and post-judgment interest. 

Count Two Federal False Designation of Origin and Unfair Competition, 

15 U.S.C. § 1125(a)

57. The Plaintiff avers Paragraphs 1 through 47, which are stated above and incorporate 

the allegations therein, as though they are fully restated and incorporated in this Count by 

reference.

58. IMIRACLE owns the federally registered ELFBAR Trademark, as set forth in more 

detail in the foregoing paragraphs. 

59. The Defendants, without authorization from IMIRACLE, have used in commerce 

spurious designation that is identical with, or substantially indistinguishable from, the ELFBAR 

Trademark on the same goods covered by the ELFBAR Trademark. 

60. The Defendants’ unauthorized use of counterfeit mark of the registered ELFBAR 

Trademark on and in connection with the Defendants’ offers for sale in commerce is likely to cause 

confusion or mistake in the minds of the public.

61. The Defendants’ unauthorized use in commerce of the ELFBAR Trademark as 

alleged herein constitutes use of a false designation of origin and misleading description and 

representation of fact in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

62. The Defendants’ conduct as alleged herein is willful and is intended to, and is likely 

to, cause confusion, mistake, or deception as to the affiliation, connection, or association of the 

Defendants, with IMIRACLE or the ELFBAR Trademark. 

63. The Defendants’ conduct as alleged herein is causing immediate and irreparable 

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THE TICKTIN LAW GROUP

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harm and injury to IMIRACLE, and to the goodwill and reputation of the ELFBAR Trademark. 

Moreover, it will continue to cause damage to IMIRACLE and confuse the public unless enjoined 

by this Court. 

64. IMIRACLE has no adequate remedy at law.

65. By reason of the foregoing, the Plaintiff is entitled to, among other relief, injunctive 

relief, an award of statutory damages, and costs of the action under Sections 34 and 35 of the 

Lanham Act, 15 U.S.C. §§ 1116, 1117, together with prejudgment and post-judgment interest.

Prayer For Relief

WHEREFORE, the Plaintiff, IMIRACLE (HK) LIMITED, respectfully requests the 

following relief against the Defendants, as follows:

1. With regard to Plaintiff’s Count I for trademark infringement:

a. Disgorgement of profits under 15 U.S.C. § 1117(a);

b. Treble damages under 15 U.S.C. § 1117(b); 

c. Statutory damages under 15 U.S.C. § 1117(c);

d. Costs of suit; and

e. Joint and several liability for OWNERS, and other officers, and directors, for 

the knowing participation in the counterfeiting activities of DRU HOUSE OF 

VAPE AND SMOKE.

2. With regard to Plaintiff’s Count II for false designation and unfair competition:

a. Disgorgement of profits under 15 U.S.C. § 1117(a);

b. Treble damages under 15 U.S.C. § 1117(b); 

c. Statutory damages under 15 U.S.C. § 1117(c);

d. Costs of suit; and

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e. Joint and several liability for OWNERS, and other officers, and directors, for 

the knowing participation in the counterfeiting activities of DRU HOUSE OF 

VAPE AND SMOKE.

3. Preliminarily and permanently enjoining DRU HOUSE OF VAPE AND SMOKE, 

LLC and its agents, employees, officers, directors, owners, representatives, successor companies, 

related companies, and all persons acting in concert or participation with it from:

a. The import, export, making, manufacture, reproduction, assembly, use, 

acquisition, purchase, offer, sale, transfer, brokerage, consignment, 

distribution, storage, shipment licensing, development, display, delivery, 

marketing, advertising or promotion of the counterfeit ELFBAR product 

identified in the Complaint and any other unauthorized ELFBAR product, 

counterfeit, copy or colorful imitation thereof;

4. Pursuant to 15 U.S.C. § 1116(a), directing DRU HOUSE OF VAPE AND SMOKE, 

LLC to file with the Court and serve on the Plaintiff within thirty (30) days after issuance of an 

injunction, a report in writing and under oath setting forth in detail the manner and form in which 

DRU HOUSE OF VAPE AND SMOKE, LLC has complied with the injunction;

5. For an order from the Court requiring that the Defendants provide complete 

accountings and for equitable relief, including that the Defendants disgorge and return or pay their 

ill-gotten gains obtained from the illegal transactions entered into and/or pay restitution, including 

the amount of monies that should have been paid if the Defendants had complied with their legal 

obligations, or as equity requires;

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6. For an order from the Court that an asset freeze or constructive trust be imposed on 

all monies and profits in the DRU HOUSE OF VAPE AND SMOKE, LLC’s possession, which 

rightfully belong to the Plaintiff;

7. Pursuant to 15 U.S.C. § 1118 requiring that the Defendants and all others acting 

under the Defendants’ authority, at its cost, be required to deliver up to the Plaintiff for destruction 

all products, accessories, labels, signs, prints, packages, wrappers, receptacles, advertisements, and 

other material in their possession, custody or control bearing any of the ELFBAR Trademark.

8. For such further and other relief as this Court may deem just and proper.

Date: December 22, 2022

Respectfully Submitted,

/s/ Gabrielle Alexa Penalta

Gabrielle Alexa Penalta

Fla Bar #301796

The Ticktin Law Group

270 SW Natura Avenue

Deerfield Beach, Florida 33441

Serv600@LegalBrains.com

Telephone: 954-570-6757

 Attorneys for the Plaintiff

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