Corp. Habanos’ Trial Brief in HAVANA COLLECTION Case

In the continuing saga of the Cuba/US trademark wars …. here’s Corp. Habanos’ Trial Brief filed in the HAVANA COLLECTION Opposition Proceeding against XIKAR. Take a look at the 2(e)(3) “materiality” element argument that starts on page 31. This section is do or die for all of Corp. Habanos’ cases wherein it is challenging a trademark based upon the claim that the mark is “geographically deceptively misdescriptive.” [Guantanamera, Havana Collection, Havana Sunrise, Habana Leon, Havana Soul, etc…]. Also, check out how many times counsel cites to the Jonathan Drew case KUBA KUBA.

Please tell me why Cuba, a country where the average income is $20/month, is spending so much money on these types of actions. This Trial Brief must have taken a ton of billable hours at NYC attorney hourly rates. You do the math.


Apparently, The Honorable Order of Kentucky Colonels doesn’t care for Heritage Tobacco Group’s attempt to register “KENTUCKY COLONEL” for use in connection with snuff and chewing tobacco. Not sure why anybody would ever want to use that for a trademark. All I can think of when I see KENTUCKY COLONEL is a big ole’ bucket of chicken.

THUNDER BY NIMISH Ext of Time to File Opposition

The “no stranger to TTAB Opposition/Cancellation Proceedings” National Tobacco Company has filed an extension of time to file an opposition proceeding against the application for trademark registration of THUNDER BY NIMISH. National Tobacco has been involved in over 50 TTAB actions (both as Defendant and Plaintiff). They are also currently involved in a TTAB action with Oliva. Oliva has objected to National Tobacco’s trademark application for “BLACK CANE.”