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General Cigar loses Cohiba Tademark

S

sir-smokes-a-lot

A Freudian Slip in progress
Joined
May 1, 2003
Messages
2,025
check this out!

http://www.forbes.com/business/newswire/20...rtr1315888.html

:thumbs:


NEW YORK (Reuters) - A federal judge Monday canceled General Cigar Co.'s trademark for its Cohiba brand that has the same name as the highly coveted Cuban cigar produced by Havana's Cubatabaco.

U.S. District Judge Robert Sweet, in a 137-page opinion filed in Manhattan federal court, ruled that New York's General Cigar can no longer use the Cohiba name as it belongs to Empress Cubana del Tabaco, doing business as Cubatabaco, which is owned by the Cuban government.

General Cigar, which manufactures and markets the Cohiba brand in the United States, said it would immediately appeal the ruling.

"We are obviously disappointed in the judge's ruling. Based on our long-standing U.S. registration of the Cohiba brand and Cubatabaco's acquiescence for almost two decades, we marketed this brand with the confidence that we owned the mark," said Edgar Cullman, Jr., chief executive of General Cigar.

"We intend to appeal this decision and feel confident that it will be overturned."

The complex trademark litigation began in 1997 when the Cuban company first filed suit in federal court. Although the two sides began settlement talks that year and proceedings were temporarily halted, they were unable to reach an agreement. Litigation was renewed in 2000 and Sweet held a bench trial without a jury in the case last year.

The case was complicated because of American's trade embargo against Cuba. Although the Cuban company cannot sell its products in the United States, it alleged in its suit that the Cohiba mark is well known in this country.

General Cigar received its first registration of the Cohiba trademark in the United States in 1981, and obtained an updated registration in 1995. The company has been selling its Dominican Cohiba cigar in the United States for over two decades.

Copyright 2004, Reuters News Service
 
Interesting to see how the appeal goes. I wonder if this is the first of many?
 
I'm surprized this didn't happen sooner. All those names were trademarked before the revolution.
 
Some of the brands I can understand them wanting the trademark. Some brands existed before the revolution and exiles left with those names. Cohiba (as with Trinidad) was created after the revolution so therefore I think it is only fair that the name belongs to Cuba. I would be interested to see how some of the other brands are dealt with.
 
Based on my knowledge of trademark laws, the judge was flat out wrong in his decision, except for the sticky Cuba portion of it. If this were any non-embargoed country's trademark, they'd have NEVER won. Companies have to actively protect their trademarks in any country they plan to conduct business.

For the folks familiar with Lance Crackers - they can't go to Mexico as Lance, becasue Nabisco :0 has registered the Lance name there. Juicy Fruit (or Doublemint - can't remember) can't go to China because a Chinese company has been manufacturing under that name for years (and the American company has no recourse).

I think that if the Cuban companies haven't been maintaining their tradmarks, it's perfectly OK to profit from the names here in the US.

Cheers.
Dixie
 
AVB said:
I'm surprized this didn't happen sooner. All those names were trademarked before the revolution.
Click to expand...
From what I've read, most of the legitimate owners of the various Cuban trademarks fled Cuba during the revolution, and legitimately sold the rights to various tobacco conglomerates. Cohiba is an exception, because it's a post-revolutionary brand.

Also doesn't Altadis own half of SA, and also own many of the companies that produce the domestic branded cigars that use the older Cuban names?
 
I think your right, Altadis owns the largest part of the cuba brand named cigars marketed here in the US... I think?
 
sir-smokes-a-lot said:
check this out!



NEW YORK (Reuters) - A federal judge Monday canceled General Cigar Co.'s trademark for its Cohiba brand that has the same name as the highly coveted Cuban cigar produced by Havana's Cubatabaco.
Click to expand...
Not sure if this belongs in this group, but its on the topic. Sounds like a great deal to me.

Cohiba Cigars!

Court ruling causes Cohiba cigar prices to soar! Take advantage of this fantastic Cohiba 2 Box Special offer while available!

http://www.factorydirectcigars.com/main.cf...9&special_id=37
 
IMHO, Dominican Cohiba...BLAH! Point me to the nearest porcelain throne. :sign:
 
:0 Hmmmm, makes you wonder. Maybe they are preparing for Castro's death and the end of the embargo??
 
I think people have been preparing for Casto's death for 20 years already.
 
It's not like they have to stop selling the Cohibas immediately right?
 
I bought a Dominican Cohiba the other day after I heard about the Court decision. My impression formed some years ago still stands - OK cigar, but not worth even half the price.

No great loss. Bring on the real Cohibas! :D
 
The only Cohibas that general's website shows are the Red Dot cigars. When were the yellow band(non isom) Cohibas made? A local store has a bunch of them and I was wondering if they were real or just old.
 
the red dot is better than the yellow label. I'm sure the cigars will still be sold they will just have to come up with a new name for them.
 
correct me if I wrong sir-smoke, but everything I read concerning the non isom yellow cohibas was they were sued by GC for infringing on the red dot trademark and are made in several different factories and lost the lawsuit...I not sure I right, but I redcall reading that on other boards, and also read that they were far inferior to the red dot...although imho neither of them live up to the name set by the isom :)

PaulMac
 
And on www.generalcigar.com when you select Cohiba it only shows the Red Dot lines.

I would see a market for fake domestics as well. Since the name is so well known. The unlearned would buy just because it says Cohiba thinking they have bought a top quality product.
 
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