Inter America Cigar Co.’s Answer and Affirmative Defenses in HAVANA SUNRISE Case

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Festival Del Habanos

Why does Habanos post links to CigarAficionado.com, SmokeMag.com, and cigarone.com on its XII Festival del Habanos 2010 webpage?

Wine Law

In the wine business, there are numerous trademark disputes. Most are based on 2(d) of the Lanham Act (marks are confusingly similar), and not on 2(e)(3) geographically deceptively misdescriptive (as you see with most, if not all, of the Corp. Habanos’ filings). Take a look at this one.

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DAYS BEFORE ELIGIBILITY FOR INCONTESTABLE STATUS, CORP. HABANOS DOES IT AGAIN

If you’ve been following Cigarlaw.com lately, I’ve reported that Corporacion Habanos has been busy lately filing petitions for cancellation against trademarks that are days away from being eligible to be incontestable. Here’s another one that was filed last month.

If you owned a federal trademark registration that was nearly 5 years old, would you be surprised that a Cuban company is now filing a petition to cancel the registration? What public policy is supported by allowing Corporacion Habanos and others to do this? If successful in canceling these registrations, will it really clear the way for Corporacion Habanos to distribute and sell their cigars in the US in the future?

When is that glorious day? Interestingly, James Suckling recently penned this article in Cigar Aficionado. It’s interesting not in content, but in the fact that Suckling wrote it and that it was published in Cigar Aficionado. There must be something behind this.

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The Judgment of Havana

Ever seen the movie Bottle Shock? It’s the story about how California wine makers received international respect when one Napa vineyard won “the Judgment of Paris” blind taste test. That’s what the cigar industry needs. We need a Judgment of Havana. Send an envoy to Cuba and set up a blind testing of Cuban made cigars versus Nicaraguan, Honduran, Dominican Republic etc… cigars.

-FH

Corp. Habanos’ Reply In Support of Motion for Summary Judgment “HAVANA COLLECTION”

What do you think? Are US cigar purchasers deceived as to the origin of cigars sold in the US that contain the term “HAVANA” or other Cuba-related terms? Is the use of such terms “material” to your purchasing decisions? I.e., Do you say “Gee, that brand says Havana, or some other term, I think that I want to buy that cigar because it must be Cuban.” Please send me your comments.

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Cuban Cigar Brands, N.V.’s FLEUR DE LIS

Holt’s Company recently filed a request for an extension of time to oppose Cuban Cigar Brands’ design application (Serial No. 77/794,156) for a Fleur De Lis. Hmmm.

Here’s the actual design sought to be protected.

Who is Holt’s Company? ASHTON.

Not really sure what this is all about. Thoughts?

TATUAJE FILES SECOND MOTION FOR SUMMARY JUDGMENT AGAINST TATTOO

Kind of at a loss here. Admittedly, I haven’t kept up with this case, but I’m at a loss at why the Opposer (Tatuaje) is filing a Second Motion for Summary Judgment. Traditionally, you get one shot at filing a Motion for Summary Judgment. At the Federal Courts (which the Trademark Trial and Appeal Board generally follow when it comes to procedure), motions for summary judgment should be filed on all issues at one time. The Opposer filed a motion for summary judgment a year ago, and it was denied in September. In any event, this motion for summary judgment is on Applicant’s “Unclean Hands” affirmative defense. In my humble opinion (and my playbook), I would have filed a motion to strike that affirmative defense in the early stages of the litigation. The fight continues for the foreign language equivalent trademark rights in TATUAJE.

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Cremosa Shemosa

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Drew Estate’s “INFUSED CIGAR” Refused Registration As Generic

Bloggers, take note of the evidence relied upon by the Trademark Trial and Appeal Board. What you say about cigars can and will be used in legal proceedings.

Shout out to John Welch at the TTABLOG for the heads up on this one. John authors THE BLOG on Trademark Trial and Appeal Board Decisions. I’m just a John Welch wannabe.

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