Scandinavian Tobacco Group’s General Cigar Company has filed a lawsuit in the U.S. District Court for the Eastern District of Virginia against Empresa Cubana del Tabaco d.b.a. Cubatabaco.
The lawsuit appeals the December 20, 2022 decision of the Trademark Trial and Appeal Board (TTAB) regarding the cancelation of the COHIBA trademark registrations in the US. In addition to appealing the TTAB decision, General Cigar also filed additional claims seeking a declaration that Cubatabaco has no grounds at all to cancel General Cigar’s COHIBA trademarks in the US.
Régis Broersma, president of STG’s North America and Rest of World division said,
“By initiating this lawsuit to appeal the TTAB decision and to obtain a declaration of its rights, General Cigar expects the court will ultimately rule it has exclusive US rights to the COHIBA marks.”
While the lawsuit moves forward, General Cigar will continue to manufacture, market, sell and enforce its COHIBA marks, and General Cigar’s COHIBA registrations remain active.
Owen McKeon US general counsel for STG noted,
“General Cigar has appealed the Board’s decision as it is improperly based on the re-litigation of a claim that was decided in General Cigar’s favor by the US Court of Appeals for the Second Circuit more than a decade ago. As such, General Cigar maintains that the Board’s ruling is contrary to clear U.S. Supreme Court precedent.”
In February 2005, the Second Circuit Court of Appeals in New York ruled unanimously in favor of General Cigar Co., Inc. in the lawsuit filed by Cubatabaco in 1997 over the trademark ownership of the COHIBA brand in the United States. In the ruling, the Second Circuit held that “General Cigar’s legal right to the COHIBA mark has been established against Cubatabaco. General Cigar has a right to use the mark in the United States because it owns the mark in the United States.”
About COHIBA Cigars
Handcrafted in the Dominican Republic, Nicaragua, Honduras and the U.S., COHIBA cigars are critically acclaimed for their meticulous construction and refined taste. With its iconic white box and red dot logo, the core brand of COHIBA is complemented by these super premium collections, each offering cigar connoisseurs luxurious and memorable smoking experiences: COHIBA Black, COHIBA Blue, COHIBA Connecticut, COHIBA Royale, COHIBA Nicaragua and COHIBA Macassar. In addition, the artisans of COHIBA produce special edition expressions featuring proprietary tobaccos and released in extremely limited quantity, including COHIBA Spectre and COHIBA Serie M. Visit www.cohiba.com for more information.
About Scandinavian Tobacco Group
Scandinavian Tobacco Group A/S is a world-leading manufacturer of handmade and machine-rolled cigars with an annual production of more than four billion cigars. The Group holds market-leading positions in several categories and its products are sold in more than 100 markets. Scandinavian Tobacco Group is headquartered in Copenhagen, Denmark and employs approximately 10,000 people globally. The Group is also the largest internet and catalog retailer of cigars and related accessories in the US. For more information, visit www.st-group.com.
COHIBA® is a registered trademark of General Cigar.