The COHIBA Brand is CUBAN
COHIBA BRAND is CUBAN
The verdict is the result of a lawsuit filed in February 2023 by General Cigar Company vs. the Cuban Tobacco Company, known as Cubatabaco.
General sought to overturn a decision made by the Trademark Trial and Appeal Board (TTAH) in 2022, which ruled to cancel the registration of General's Cohiba trademark in the United States.
But this Wednesday, General - which sells versions of the famous brand in the United States - lost the case.
Judge Leonie M. Brinkema of U.S. District Court for the Eastern District of Virginia upheld the TTAB's decision three years ago, a matter in dispute in the courts since the William Clinton administration (1993-2001).
According to the magistrate, Cubatabaco's Cohiba was protected by the Inter-American Convention (CIH), a 1929 law that protects international brands.
These cigars - valued among the best in the world - Cuba cannot legally sell them in U.S. territory due to the economic, commercial and financial blockade imposed by Washington on the Caribbean country more than six decades ago.
Cubatabaco, owner of the Cohiba name and the rights to market it internationally, challenged the legality of U.S. trademark and filed the first lawsuit in January 1997, the year the litigation began.
Cubatabaco applied for the Cohiba trademark in September 1969 and obtained the registration on May 31, 1972. Almost six years later, on March 13, 1978, General Cigar made a similar request before U.S. Patent and Trademark Office, which was issued on February 17, 1981, the legal document states.
One of General Cigar's main arguments in the lawsuit was the claim that Cuba allowed the Cohiba trademark to lapse for lack of use in the 1970s, an idea that the court rejected.
