PINAR DEL RIO’s MOTION TO DISMISS DENIED

In this battle with Habanos, Pinar del Rio filed a motion to dismiss and argued that Habanos lacked standing to bring the opposition proceeding. As much as I dislike Habanos, this was a no brainer.  The TTAB has found standing for Habanos many times.  In fact, I argued lack of standing nearly 10 years ago and recently the United States District Court for the District of Columbia affirmed the TTAB’s finding of Habanos’ standing in GUANTANAMERA.   I still believe that Habanos should not have standing. However, the TTAB holds solid to the fact that Habanos can file opposition and cancellation proceedings against any trademark it finds fit to attack.

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