The Cigar Nut

FAVORABLE RULING FOR GENERAL CIGAR IN COHIBA TRADEMARK CASE

Richmond, VAOn July 14, 2010, the U.S. Court of Appeals for the Second Circuit ruled in favor of General Cigar in the latest round of litigation in the Cohiba trademark case, affirming that General Cigar is the rightful owner of the Cohiba trademark in the U.S.

According to Dan Carr, chief operating officer of General Cigar, The Second Circuit courts ruling upholds what we have always believed since we first filed a U.S. application to register the COHIBA trademark in 1978: that General Cigar is the rightful owner of Cohiba in the U.S. We continue to remain confident that our exclusive right to the Cohiba cigar brand in the U.S. will be upheld even if Cubatabaco attempts further legal efforts to challenge these rights.

The appeals court concluded that Cuban-government-owned Cubatabacos argument that a change in a law justified re-opening this case was without merit and restored the U.S. Court of Appeals ruling in 2005 in favor of General Cigar over Cubatabaco.

In various court opinions beginning in late 2008 and into early 2010, the U.S. District Court for the Southern District of New York ruled that there were changes to New York State Unfair Competition law that provided Cubatabaco the basis to re-open this case. Yesterdays Appeals Court decision overturned the lower courts rulings.

Cubatabaco first filed suit against General Cigar in 1997, claiming rights to the Cohiba name in the United States under U.S. law, although Cubatabaco had failed to take any legal action against General Cigar for nearly 20 years.

This entry was posted on Thursday, July 15th, 2010 at 5:56 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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5 Comments(+Add)

1   Chris    http://www.cigartasters.com
July 15th, 2010 at 9:35 pm

I think it’s thievery that General Cigar uses the Cohiba name. I won’t even smoke one just on principal.

2   David    http://www.thecigarnut.com
July 15th, 2010 at 11:26 pm

I can understand where your coming from, how do you feel about H. Upmann, Romey Y Julietta, Trinidad, Partagas, Punch, etc etc? Do you as well not smoke those on the same principal? What are your thoughts on the trademark battle between Havana Club and Bacardi?

3   Bigmike    
July 16th, 2010 at 7:50 am

I think right now this is all for nothing. Until the embargo is lifted, General Cigar is the only legal Cohiba in the US.

4   Tom    
September 25th, 2011 at 1:29 pm

Nice read, I just passed this onto a colleague who was doing some research on that. And he actually bought me lunch because I found it for him smile So let me rephrase that: Thanks for lunch!

5   Vincent Ambrister    
February 21st, 2012 at 2:14 pm

Hello! Someone in my Facebook group shared this website with us so I came to give it a look. I’m definitely loving the information. I’m bookmarking and will be tweeting this to my followers! Terrific blog and excellent design and style.

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