Earlier this week, the United Sates Court of Appeals for the Federal Circuit vacated a ruling made by the USPTO Trademark Trial and Appeal Board (TTAB) in the 16-year-old battle between Cubatabaco, the state-run tobacco company for Cuba, and General Cigar Co. The decision was a large win for Cubatabaco and likely ensures years more worth of litigation on the matter. (Cigar Law has posted the decision here.) Cohiba is one of the 30-plus brands currently sold by Habanos S.A., the marketing and distribution company for all Cuban cigars. It is also a name used in the U.S., where an embargo prevents the sale of Cuban cigars, for a Dominican cigar made by General Cigar Co. It’s unique in the fact that it was developed by Cuba after the country’s 1959 Revolution, whereas most other active Cuban brand names were seized by the Cuban government and transferred to Cubatabaco. With a few exceptions, most of the trademarks for active Cuban brands in the U.S. are owned by one of two companies: Altadis U.S.A. and its subsidiaries and General Cigar Co. Altadis U.S.A. is owned by Imperial Tobacco, a British firm who also owns half of Habanos S.A. through its Spanish subsidiary, ...
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