General Cigar Loses Bid For Cohiba Trademark

[Ropey]

Rather huge implications for all expatriate Cuban brands.

Could cost the big NC cigar companies hundreds of $millions.

[wabashcr]

Well this sets the path for a lot of other brands. Interesting to see what happens after this!

Rather huge implications for all expatriate Cuban brands.

Could cost the big NC cigar companies hundreds of $millions.

Not necessarily. IANAL, but Cohiba is different than the other brands in that it was started by the Cubans post-revolution. General can't show any chain of custody going back to the original owners of the Cohiba brand like it can with Partagas, Punch, HDM, Bolivar, etc. Of course this ruling gives Cuba and HSA the green light to go after these other trademarks in US court. But I'd think General has a little more legal standing in those cases. After all, the General brands were at one time owned by the original trademark owners, who had their brands taken by the Cuban government when they nationalized the tobacco industry.

[Ropey]

Not necessarily. IANAL, but Cohiba is different than the other brands in that it was started by the Cubans post-revolution.

Perhaps but, in reading the circuit-court's opinion, the issues seem even more complex. The case dates back to 1997 and has been through a few district courts and circuit courts already, as well as USPTO and other regulatory agencies. The lawyers themselves might walk away with fees in the hundreds of $millions before it's all over DLA Piper is a massive law firm.

http://law.justia.com/cases/federal/...014-06-04.html

[droy1958]

Perhaps but, in reading the circuit-court's opinion, the issues seem even more complex. The case dates back to 1997 and has been through a few district courts and circuit courts already, as well as USPTO and other regulatory agencies. The lawyers themselves might walk away with fees in the hundreds of $millions before it's all over DLA Piper is a massive law firm.

http://law.justia.com/cases/federal/...014-06-04.html

I just knew that this has been going on for a spell....

[wabashcr]

Perhaps but, in reading the circuit-court's opinion, the issues seem even more complex. The case dates back to 1997 and has been through a few district courts and circuit courts already, as well as USPTO and other regulatory agencies. The lawyers themselves might walk away with fees in the hundreds of $millions before it's all over DLA Piper is a massive law firm.

http://law.justia.com/cases/federal/...014-06-04.html

No question. General is up against another tobacco giant owned by the Cuban government. Not many have the stomach, let alone the money and resources, for that kind of protracted legal battle.