Supreme Court Confirms General Cigar’s U.S. Ownership of COHIBA® Trademark

The U.S. Supreme Court today denied review of a lower court ruling that, in the absence of specific U.S. government permission, the U.S. blockade of Cuban products bars the official Cuban tobacco company Cubatabaco from obtaining judicial protection of its COHIBA trademark in the United States.

As a result of the Supreme Court’s ruling, the February 2005 decision of a United States Circuit Court of Appeals, which confirmed General Cigar Company’s exclusive ownership of the COHIBA® mark in the United States, is final and is law of the case.

Cubatabaco announced in response that it will continue to fight for the rights to the COHIBA trademark in the United States. COHIBA is Cuba’s most renowned cigar brand, but cannot be sold in the U.S. because of the U.S. economic, commercial and financial blockade against Cuba.

The Cuban company will now pursue its pending application for U.S. government permission for judicial protection of the brand from the Treasury Department’s Office of Foreign Assets Control, which administers the U.S. blockade. In its amicus curiae brief filed in the Supreme Court, the United States specifically acknowledged that Cubatabaco could pursue this option.

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