General Cigar Wins Use of Cohiba Trademark on Appeal

From Rich Perelman at CigarCyclopedia:

General Cigar was awarded use of the Cohiba trademark in the U.S. by the U.S. Second Circuit Court of Appeals in a decision announced on Thursday afternoon in New York.

Circuit Judge Chester J. Staub, writing for a unanimous three-judge panel, affirmed the dismissal of all causes of action against General Cigar, concurring with the District Court’s opinion, but also dismissing the single count on which District Court judge Robert Sweet had upheld Cubatabaco’s ownership of the Cohiba mark.

The options for Empresa Cubana del Tabaco are to accept the judgement, ask for a re-hearing by the entire Second Circuit, or most likely, ask for the case to be heard by the United States Supreme Court.

Posted on Friday, February 25th, 2005 at 4:15 pm.