General Cigar Co. lost yet another legal round in the battle over the Cohiba trademark in the U.S. The United States Supreme Court declined to review the United Sates Court of Appeals for the Federal Circuit’s decision, meaning the legal fight between General and Empresa Cubana del Tabaco (Cubatabaco) is headed into its 17th year. Both sides filed for trademarks on Cohiba decades ago, General in 1981 and 1995 and Cubatabaco in 1997. The latter’s application was cancelled due to confusion with General’s previous filing, while two filings by General are actually crucial to the case—a court ruled that the 1981 trademark’s registration had lapsed and Cubatabaco had acquired ownership in between. That 2004 decision was overturned on appeal by the United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB). The court ruled that Cubatabaco had no standing due to the Cuban embargo, specifically, the court could not give property (a trademark) to a Cuban company without violating federal law, the Cuban embargo. Cubatabaco appealed and the Second Court ruled that the TTAB needed to determine whether simply canceling General’s trademark would violating the Cuban embargo. General appealed and lost. In 2013, the TTAB ruled that Cubatabaco had no ...
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