General Cigar Loses Bid For Cohiba Trademark

U.S. Supreme Court hands victory to Cuban cigar company
By REUTERS
PUBLISHED: 10:02 EST, 23 February 2015 | UPDATED: 10:02 EST, 23 February 2015

By Lawrence Hurley
WASHINGTON, Feb 23 (Reuters) - The U.S. Supreme Court handed a victory to a state-owned Cuban cigar company on Monday by declining to intervene in its long-running battle with a U.S.-based rival over the Cohiba trademark that both use for their products.
By refusing to hear an appeal filed by Delaware-based General Cigar Co Inc, the high court left intact a ruling in favor of the Cuban company, Cubatabaco.
Due to the long-running U.S. trade embargo with Cuba, the Cuban company cannot sell its Cohiba cigars in the United States, but it does sell them in Cuba and elsewhere. General Cigar sells Dominican Republic-produced Cohiba cigars in the United States.
General Cigar is owned by Scandinavian Tobacco Group A/S, which is partly owned by Swedish Match AB..
The legal dispute is over whether the Cuban company has the right to challenge General Cigar's trademarks in the United States despite the embargo.
The U.S. Court of Appeals for the Federal Circuit last June ruled in favor of Cubatabaco. After the Supreme Court's denial, the case will now move forward at the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board.
The case reached the high court just after President Barack Obama announced in December that he planned to loosen some of the U.S.-Cuban restrictions, although the broad trade embargo will remain intact.
Under an easing of travel restrictions between the United States and Cuba under Obama's changes, American visitors will be able to buy up to $100 worth of cigars, the island's most famous product, bring them home and smoke them.
In January, the Obama administration said it would allow U.S. exports of telecommunications, agricultural and construction equipment, permit expanded travel by Americans to the island and open banking relations.
The case is General Cigar Co v. Empresa Cubana Del Tabaco, U.S. Supreme Court, No. 14-512. (Reporting by Lawrence Hurley; Editing by Will Dunham)

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Hasn't this already happened before? I was thinking Cohiba Red Dots were going away like 5 years ago. It's like a zombie that just won't die.

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

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Originally Posted by Tman

Hasn't this already happened before? I was thinking Cohiba Red Dots were going away like 5 years ago. It's like a zombie that just won't die.

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I know. Instead they tried to emulate the success of the Davidoff Nicaragua, and released a new line of NC Cohibas. :p

Good. I got burned too many times by my ignorance buying NC cohiba's

Agreed their cigars are terrible Imo and trick many people.

Rather huge implications for all expatriate Cuban brands.

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

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Originally Posted by Jolly_WhiteGiant

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

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Originally Posted by Ropey

Rather huge implications for all expatriate Cuban brands.

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

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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.

Seems like this has been going on in the courts longer than my first divorce......

So, is my lone Red Dot a Cuban now? hmmmm...

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Originally Posted by TCBSmokes

So, is my lone Red Dot a Cuban now? hmmmm...

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I have one also....hmmmmmmmmmmm........

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Originally Posted by wabashcr

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

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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

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Originally Posted by Ropey

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

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

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Originally Posted by Ropey

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

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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.