Posts by Frank Herrera

Licensed attorney in Florida since 2001.

FDA New Guidance for Industry – Demonstrating Substantial Equivalence … etc…

Double rainbow …. what does it mean? ┬áThe FDA is coming down on the cigar business. I’m digesting the information now …


No Mom, the COHIBA Case Is Not Over Yet.

In February, the United States Supreme Court declined to hear a request that it hear an appeal from General Cigar on the Federal Circuit’s ruling in favor of Empresa Cubana (aka Cuba Tobacco). This does not mean, contrary to the many, many, many media (old media and new) headlines that “the Supreme Court gave a final victory to Cuba in the Cohiba case.” I shake my head each time I read this, and think “well, it is a confusing case so I can understand the public’s confusion.” Today, my mom called me to inform me that the Spanish language news reported that Cuba ultimately prevailed in the Cohiba case. Worse still, she thought that it was my case (“GUANTANAMERA”) and she was calling to ask why I didn’t tell her before the news. Ah, Cuban moms ….

In any event, here is Cuba Tobacco’s recent filing in the Trademark Trial and Appeal Board requesting that the proceedings be resumed. The embargo may be lifted before there is an ultimate decision on this matter. In the meantime, the general public has no idea who owns COHIBA.