NewsWhore
07-16-2010, 03:50 PM
A Manhattan appeals court has ruled in favor of General Cigar Co. in its 13-year fight with Cuba over the Cohiba brand, as reported in Cigar Aficionado online. General Cigar Co. maintains that it is the rightful owner of Cohiba in the US. General Cigar manufactures the Cohibas in Santiago, Dominican Republic.
The 14 July 2010 ruling by the US Court of Appeals for the Second Circuit reverses a 2009 decision by Second District Court Judge Robert W. Sweet who had ruled in favor of Cubatabaco, the state-owned entity that owns all of Cuba's cigar brands.
In the 2009 decision, Judge Sweet said General Cigar Co. had made its Dominican Cohiba "in order to exploit the reputation and goodwill of the Cuban Cohiba," and enjoined the company to stop selling the product.
But the 14 July ruling, issued by circuit judges Reena Raggi, Gerard E. Lynch and Denny Chin, stated: "We have considered Cubatabaco's other arguments on appeal and conclude that they are without merit."
Cigar Aficionado explains that Cohiba cigars were created in Cuba after the revolution, and the Cuban version has never been legally sold in the US due to the embargo. But like virtually every other Cuban cigar, there is a non-Cuban version, in this case one made by General Cigar in Santiago, Dominican Republic. General Cigar registered the rights to the name in the United States.
Dan Carr, chief operating officer of General Cigar commented: "The Second Circuit court's ruling upholds what we have always believed since we first filed a US application to register the COHIBA trademark in 1978: that General Cigar is the rightful owner of Cohiba in the US. We continue to remain confident that our exclusive right to the Cohiba cigar brand in the US will be upheld even if Cubatabaco attempts further legal efforts to challenge these rights."
The appeals court concluded that Cuban-government-owned Cubatabaco's argument that a change in a law justified re-opening this case was "without merit" and restored the US 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 US 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. Yesterday's Appeals Court decision overturned the lower court's rulings.
General Cigar in a press statement explained that Cubatabaco first filed suit against General Cigar in 1997, claiming rights to the Cohiba name in the United States under US law, although Cubatabaco had failed to take any legal action against General Cigar for nearly 20 years.
General Cigar Co. Inc. manufactures and markets handcrafted cigars for the premium market. General Cigar also produces Macanudo, Cohiba, Partagas, Hoyo de Monterrey, Excalibur, La Gloria Cubana and several other leading premium brands. In addition, the company grows its own premium Connecticut Shade wrapper tobacco, as well as natural and candela wrapper in the Dominican Republic.
More... (http://www.dr1.com/index.html#9)
The 14 July 2010 ruling by the US Court of Appeals for the Second Circuit reverses a 2009 decision by Second District Court Judge Robert W. Sweet who had ruled in favor of Cubatabaco, the state-owned entity that owns all of Cuba's cigar brands.
In the 2009 decision, Judge Sweet said General Cigar Co. had made its Dominican Cohiba "in order to exploit the reputation and goodwill of the Cuban Cohiba," and enjoined the company to stop selling the product.
But the 14 July ruling, issued by circuit judges Reena Raggi, Gerard E. Lynch and Denny Chin, stated: "We have considered Cubatabaco's other arguments on appeal and conclude that they are without merit."
Cigar Aficionado explains that Cohiba cigars were created in Cuba after the revolution, and the Cuban version has never been legally sold in the US due to the embargo. But like virtually every other Cuban cigar, there is a non-Cuban version, in this case one made by General Cigar in Santiago, Dominican Republic. General Cigar registered the rights to the name in the United States.
Dan Carr, chief operating officer of General Cigar commented: "The Second Circuit court's ruling upholds what we have always believed since we first filed a US application to register the COHIBA trademark in 1978: that General Cigar is the rightful owner of Cohiba in the US. We continue to remain confident that our exclusive right to the Cohiba cigar brand in the US will be upheld even if Cubatabaco attempts further legal efforts to challenge these rights."
The appeals court concluded that Cuban-government-owned Cubatabaco's argument that a change in a law justified re-opening this case was "without merit" and restored the US 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 US 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. Yesterday's Appeals Court decision overturned the lower court's rulings.
General Cigar in a press statement explained that Cubatabaco first filed suit against General Cigar in 1997, claiming rights to the Cohiba name in the United States under US law, although Cubatabaco had failed to take any legal action against General Cigar for nearly 20 years.
General Cigar Co. Inc. manufactures and markets handcrafted cigars for the premium market. General Cigar also produces Macanudo, Cohiba, Partagas, Hoyo de Monterrey, Excalibur, La Gloria Cubana and several other leading premium brands. In addition, the company grows its own premium Connecticut Shade wrapper tobacco, as well as natural and candela wrapper in the Dominican Republic.
More... (http://www.dr1.com/index.html#9)