Long-Running Battle Ends in Favor of Empresa Cubana Del Tabaco

In a decision that has been years in the making, the United States District Court for the Eastern District of Virginia has ruled in favor of Empresa Cubana Del Tabaco, also known as Cubatabaco, in its long-running trademark dispute with General Cigar Company.

The ruling, which was handed down on [date], upholds the Trademark Trial and Appeal Board’s (TTAB) 2022 decision to cancel General’s Cohiba trademark registration in the United States.

The dispute, which has been ongoing since 1997, centers around the ownership of the Cohiba trademark, which is Cuba’s flagship luxury cigar brand.

General Cigar Company has been selling non-Cuban versions of the Cohiba cigar brand in the United States, where Cuban Cohibas are not legally allowed to be sold.

Cubatabaco, which owns the rights to market Cohiba internationally, challenged the legality of the U.S. trademark and filed suit against General Cigar Company.

According to the court ruling, Cubatabaco’s trademark was protected under the Inter-American Convention (IAC), a 1929 law that protects international trademarks.

The court found that Cubatabaco had established that the TTAB’s cancellation of General’s registrations was proper under Article 8 of the IAC, and that the Cuban Assets Control Regulations do not prohibit such cancellation.

General Cigar Company had argued that Cuba allowed the Cohiba trademark to lapse from non-usage in the 1970s, but the court rejected this notion.

The court also found that General Cigar had knowledge of Cubatabaco’s use of the ‘Cohiba’ brand in Cuba, and that the TTAB validly cancelled General Cigar’s registration under Article 8 of the IAC.

The ruling does not necessarily mean that General Cigar Company will have to cease production and sale of its Cohiba cigars. The company has a pending appeal with the TTAB that has yet to be resolved, and it is also considering appealing the recent decision. In a statement, General Cigar Company said that it will study the ruling closely and consider its options.

The decision is a victory for Cubatabaco and a setback for General Cigar Company, which has been selling non-Cuban Cohiba cigars in the United States for years.

However, it is unlikely to have a significant impact on the availability of Cohiba cigars in the U.S. market, as General Cigar Company will likely continue to sell its non-Cuban versions of the brand.