The U.s. Cohiba Debate

General Cigar registered the brand name Cohiba in the U.S

. in 1978 and says they sold limited amounts of the cigars under that brand name throughout the 1980s and until it began being imported with the red dot in the middle of the Cohiba O on the boxes and the bands on each of the cigars, in 1997. (These are called Red Dot Cohibas.)

Cubatabaco, which is the communist Cuba government-run company that is half-owner of Habanos SA, along with Altadis SA, immediately began contesting General Cigars trademark, and the battle raged on until June of 2006. Partly cleared up by the United States Supreme Court, the court denied the petition filed by Cubatabaco and gave General Cigar exclusive rights to the use of the Cohiba trademark in the United States. General Cigar now puts a disclaimer on the boxes of Cohiba cigars produced by them stating that they are not in any way a part of the Cuban Cohiba brand.

Interestingly enough, the U.S. government filed a brief called an amicus curiae with the Supreme Court, and acknowledged their interest in the brand. This brief also pointed out to them that they could request U.S. government judicial protection from the Office of Foreign Assets Control, and in late 2009, a federal judge in New York upheld Cubatabacos rights to the brand, and forbid General Cigar from using the Cohiba name any longer.

General Cigar is appealing the ruling and is allowed to continue to use the brand until final litigation. Cubatabaco also has a pending claim against General Cigar to recover all profits made through the use of the brand since it began using it.

by: Denise Gabbard

POST COMMENT

Custom-fitting: What you need to know Part 1 Significance of PEX Tubing Tools Everything You Need To Know About Picking A Great Wing Sauce 10 Things You Didn't Know About Bali Qnap Nas Drives OPTEMAN Answers Your Desire for Speed How To Revise For Cbse Papers? Custom-fitting: What you need to know Part II Understanding The Versatility Of Literature Dispensers Custom-fitting: What you need to know Part III Van of the Year 2011 Should You Bend The Rules To Find The Right Job? Fertility Clinic or Fertility Expert?