Counterfeit Cohiba Cigars
Tuesday May 16, 2006
Beware of fake Cohiba cigars marketed as "Cohiba Caribbean's Finest" cigars. The only legal Cohiba cigars in the U.S. are made by General Cigar, which is a subsidiary of Swedish Match. To protect the Cohiba (Compare Prices) brand name, General Cigar has filed suit against the counterfeiters. Counterfeiting is a big problem for all premium cigar makers, and the companies who manufacture cigars are aggressively defending their brand names. As indicated in a previous post, Altadis USA, a subsidiary of the world's largest cigar company, spends over $1 million annually to protect its brand names against counterfeiters.
Comments
I TRY THEM THEY real good quality cigRS
I DONT THINK COUNTERFIT CIGARS WILL HAVE THIER ONW RUM LINE ALSO ..MAYBE THIS IS JUST A DIFFERNT BRAND A THINK THEY ARE NOT COPYING ANY cohiba ND GENERAL CAN’T STAND THE HAD THE COHIBA ON THEM…BUT I DONT
i had the cohiba caribbean’s finest and they are a great smokes ,the lady line is great also
i don’t see where they mimic the horrible cohiba red dot.
after all cohiba red dot is not a real cohiba .
I love the cohiba caribbean’s finest lady ones…i never had any confusion
with the differnce with the cohiba red dot … they are different ?
cohibas from general are not real …i think real cigar smokers know what is a real cohiba is ..HABANOS S.A
Yes, the Dominican Cohiba’s made by General Cigar cannot compare with the genuine Cuban Cohibas. However, General Cigar owns the trademark to market Dominican Cohibas in the United States. They may not be genuine, but they are real Cohibas from a legal standpoint.
General need to accept the fact ……fidel will not live forever cuba will open one day and cohiba
was never general’s name ..that word COHIBA belongs to the west indies
if you know history…i can wait for cuba to open one day nothing like a real cohiba ,and when that happens general trademark will be cancel again
by the way how the won ,someone got their hands wet, cheese what $$ can do
even here you can by the law
It finally happened Data Commodities, Ltd., Cohiba Caribbean’s Finest Inc., Richard W. Hills, Jr., and yours truly Peter Gnecco have been named in a lawsuit as defendants by the cigar industry giant General Cigar CO., Inc. Also named were others whom I have no knowledge of their role in this lawsuit.
As stated in the lawsuit as NATURE OF ACTION. This is an action for federal trademark infringement, unlawful importation, trademark counterfeiting, trademark dilution, false designation of origin and false representation, unfair competition, misappropriation and cybersquatting.
The main point of the lawsuit is trademark infringement on General Cigar Co., INC. trademark of “COHIBA®” for International Class: 034, which is tobacco and tobacco products to my understanding. This would cover cigars of course.
I do not now nor ever have believed that either of these products is or ever was a federal trademark infringement, unlawful importation, trademark counterfeiting, trademark dilution, false designation of origin or false representation, unfair competition, misappropriation or cybersquatting.
Now for the rest of the story as they say, Data Commodities, Ltd. does not own the rights to COHIBA Caribbean’s Finest cigars it is the property of Carlos Rey owner and operator of Don Rivera Cigar Factory in the Dominican Republic.
Several years ago, Carlos Rey and Don Rivera cigars were named in a lawsuit in the Dominican Republic. The very lawsuit I have been trying to have translated into English to post on http://cohibacigars.net .
Suffice it to say Carlos Rey and Don Rivera Cigars prevailed in the lawsuit and were given the exclusive rights to produce, distribute, sell, and export “COHIBA Caribbean’s Finest” cigars under Dominican law. In this same lawsuit, General Cigar CO., INC. was given the right to produce it “COHIBA®” cigars in the duty free zone located in the Dominican Republic. The Dominican Courts recognized the difference between the two cigars and gave both companies the right to produce their own products.
This lawsuit only goes to prove three (3) points.
A. Carlos Rey and his company Don Rivera cigars have the legal right to produce their “COHIBA Caribbean’s Finest” cigars and distribute the same as they see fit.
B. That “COHIBA Caribbean’s Finest cigars are not counterfeited cigars.
C. That having been involved in the same lawsuit General Cigar CO., INC. was well aware of Carlos Rey’s right to produce and distribute “COHIBA Caribbean’s Finest” cigars just as Carlos Rey was aware of General Cigar CO., INC. right to produce and distribute “COHIBA®” cigars. Also General Cigar CO., INC. should have been aware that Data Commodities, Ltd. was the contracted distributor of “COHIBA Caribbean’s Finest” cigars.
Since the judgment in the lawsuit in the Dominican Republic, which was approximately five (5) years ago? General Cigar CO., INC. has not contacted Data Commodities, Ltd. nor made any legal effort to block the import of “COHIBA Caribbean’s Finest” cigars.
As the legally contracted distribution agent for “COHIBA Caribbean’s Finest” cigars Data Commodities, Ltd. is the only visible target here in the United States for General Cigar CO., Inc to go after.
One must ask though who the real target is. I am of the opinion that Carlos Rey and Don Rivera Cigars are the real target. It goes to the strategy that if you cut off your enemies funding you will kill his operation.
No one knows what lurks in the hearts and minds of men but God and the Shadow, of which I am neither.
I think of it this way the little artisan, Carlos Rey, who with his family fled Cuba and the communist government of Fidel Castro to avoid persecution at the hands of communists now faces precaution at the hands of General Cigar CO., INC. This Cuban refugee restarted his life in the Dominican Republic. There he managed to start his own cigar factory and make a success of it. He had to legally defend his right to produce “COHIBA Caribbean’s Finest” cigars and having done that now faces legal oppression all over again not in his country but here in the United States. This does not seem right to me.
I do not claim to know what motivates General Cigar CO., INC. or its management after this long period of doing nothing, to now bring this lawsuit against Data Commodities, Ltd and myself. Nor do I personally know why their attorneys in a press release to the Associated Press would indicate that “COHIBA Caribbean’s Finest” cigars are counterfeit when they should know that Carlos Rey has the legal right to produce them. If they truly believed that “COHIBA Caribbean’s Finest” cigars were counterfeit then why not go to the US Attorney and ask to have them prosecute under federal law for counterfeiting cigars as other manufactures have done. Then they could file a civil lawsuit for damages at a much lower cost.
In America, we as citizens have the right to question and I have a few. First, could this be General Cigar CO., INC. way of reacting to the recent out cry of Hispanic people in America for fair treatment under the new proposed immigration laws? Is this their way of saying we want to profit from the labors of Hispanic people but we want to keep them down, for if they rise up and are successful in America what will stop them from demanding more money to produce our cigars in the Dominican Republic and cut into our profits. Historically cigar factory workers have always been at the forefront of the labor movement.
Perhaps is it that Carlos Rey is producing an equal or better cigar that sell for a more reasonable price? Does that threaten the giant, General Cigar Co., INC.?
A final point, to the best of my knowledge Carlos Rey, Don Rivera Cigars, Data Commodities, Ltd., and myself have never claimed an association with Cuban produced COHIBA cigars or General Cigar CO., INC. “COHIBA®” cigars. General Cigar CO., INC. “COHIBA ®” has a red dot that fills the center of the O in COHIBA. “COHIBA Caribbean’s Finest” cigars do not.
My personal feelings after being named in this lawsuit. I am not Hispanic and would never falsely claim to be but my wife and her family are. As such, I am personally proud of the Hispanic speaking people throughout the world and have always supported them. Being a former United States Marine who served in Viet Nam, defending the freedom of the people of the word from communism, I know what it is like to defend an unpopular cause. Nearly sixty (60) years old, I am quite old to pick up arms in defense of freedom but as a true patriot, I will defend to the death the rights of freedom even if it is only the freedom to choose a cigar of your choice.
Samuel Clemens (Mark Twain) Concerning Tobacco, 1893, reminds me of a quote.
“As concerns tobacco, there are many superstitions and the chiefest is this – that there is a standard governing the matter, whereas there is nothing of the kind.
Each man’s preference is the only standard for him, the only one which he can accept, the only one which can command him. A congress of all the tobacco – lovers in the world could not elect a standard which would be binding upon you or me, or would even much influence us.”
If you believe in these rights and freedoms e-mail General Cigar CO., INC. and let them know.
These are the opinions and intellectual property of Peter Gnecco and do not necessarily represent the opinions or feeling of any other person or corporation named in this lawsuit. Nor do they necessarily represent the opinion or feelings of Carlos Rey or Don Rivera Cigars.
here another case of an american company trying to take over a third world country resorces….that’s to proof why we are going where we are going can we try to be just real .
cohiba does not belong to an american generic cigar company .
We hate general they will never get our bussines..they try to rule what cigars to buy ,if not they just threat shop owners..this is free ameriaca general !
convincing blog! http://www.eastport.cmichigan.com
I just got back from Dominican and general COHIBA is not allow there all i saw was cohiba caribbeans finest and they are great quality cigars …General Cohiba ..SUCK’S
Did you know the hystory of the makers of the cohiba caribbeans finest?
They are made by the guy that started rolling cuban cohibas for fidel at el laguito, Mr rivera back in the 60’s ,He’s got a royalty agreement with habanos to produce and use their band out of the dominican rep also Rum ,cohiba caribbeans finest is the only cohiba alow to be sold in the DR ,not even general cohiba is allowed in the shops of the dominican they can make them on the free zone but that’s it …i notice alot of ignorance with alot of cigar guy’s or people in the cigar bzz..read before you judge,i guess we are still a label culture ,we buy because the label brand without knowing what is the hystory of the product…oh well
Also why general haven’t win..last i heard they are not able to proof the false allegations they claim…Cohiba caribbeasn finest is asking for alot $$
and look’s like they are going to get it …general extentions in the courts is telling alot about GENERAL CIGAR COMP
I’ve been working with the Cohiba’s Caribbean’s finest line for over 7 years.. GREAT products come out of the Don Rivera Factory, and have for many years. General is seeing that people love this product and now they just want to make a piece of change out of it.. ok more like a million for the damages????? YEah what damages.. 2 completely different lines with one Common Goal.. A great cigar.. If you can still find one of these Cohiba’s get them. because they won’t be here for long
Caribbean’s Finest developed by Artesian Carlos E. Rey Rivera, who was a top roller at the La Corona factory in Havana, Cuba. Rivera’s cigars impressed Castro so much that he setup his first high security factory in El Laguito to produce his exclusive brand that was officially named Cohiba (a West Taino Indian word for cigar) in 1968 but was restricted to diplomatic circles until 1982. Caribbean’s Finest is produced by Carlos E.Rey Rivera creator of the original Castro Cohiba blend at Don Rivera Cigars in the Dominican Republic
just to keep you updated …general lawyers didn’t even get court cost or attorney’s fee from the lawsuit ,i guess
that judge didn’t find much of the unlawfull importation,counterfiting or cybercrap…..i hear habanos is next to sue again general …get ready spain is in the middle now …treaty obligations by the usa is feading ..is going to be fun …and please win again that cohiba red dot is horrible..
Philip Restifo
Las Vegas, Nevada 89149
E-mail Cigars555@cs.com
United States Federal Court
Honorable Judge Brian E Sandoval
Dated June 23, 2008
Dear Sir
In open court on June 11th, 2008, once again the attorneys for the Plaintiffs calling me a counterfeiter, a person who disregards court orders, thief, lying about my income among other things. The Plaintiffs having published in over 40 newspapers around the country as well as the internet that “Philip Restifo and his companies are among the biggest counterfeiters in the country”. To have my friends, family and their coworkers read these publications has been the most embarrassing thing that ever happened in my life. To sit in open court and not have the opportunity to defended myself against all the false statements, out right lies, misinformation as well as distorting my testimony.
Plaintiffs asking the court to use my companies and me as an example for other counterfeiters portraying me in the eyes of the court and the public as the Al Capone of the cigar counterfeiting originations in the United States. Having my livelihood and reputation taken from me after 47 years in business.
I’m 68 years old second generation Italian American born and raised in New York City, married to the same woman for over 40 years, have 6 children eleven grandchildren and one great grandchild – Voted in every presidential election from 1961 to the present, paid my taxes – Had only 2 traffic tickets in over 50 years of driving. I have been self employed for over 47 years, hold numerous Federal, State, County licenses, I have never been convicted of any crime, arrested or accused of any type of crime. I was brought up
to live my life following all the rules which by example carried over to my children.
Eleven Years ago visiting my in-laws in Miami – Had dinner with a Cuban family who are the third generation cigar manufacture from Cuba – Heard stories how Mr. Reys father made cigars for Fidel called Cohiba to make a long story short – That’s how I got into the Importing and sale of cigars. In 1997 after my family and I decided to manufacture a premium Rum product and we named it Cohiba Caribbean’s Finest Rum researched all the Federal and State laws and applied to all the appropriate agency’s for licenses, thus beginning our liquor business at the time being Cohiba Caribbean’s Finest Premium Rum was our flagship product which over the years has received numerous write-ups from industry publications giving our product 4 Star, Highly Recommended, Best Buy which gave us a sense pride.
No Company, Individually or entity holds a Trademark Under International Class 33 spirits for Cohiba Caribbean’s Finest Rum or any other spirits using the name Cohiba.
Plaintiffs told the court “Restifo” wanted the public to think Rum and cigars came from General Cigar – Plaintiffs never told the court that every bottle of rum ever sold over the past 9 years has a PUBLIC NOTICE on the back label “Cohiba Caribbean’s Finest Rum HAS NEVER BEEN AFFILIATED IN ANY MANNER WITH ANY CIGAR MANUFACTURE USING THE NAME “COHIBA” All in Black Bold Font.
Plaintiffs told the court “Restifo said under oath” He had total disregard for the Cuban Trademark. Plaintiffs never told the court that Restifo said almost word for word what (Mr. Cullman, Jr. President) of General Cigar said under oath “ The Marketing Strategy of General Cigar was to exploit the fame of the Cuban brand for the new General Cigar product”.
Plaintiffs told the court Restifo has been counterfeiting Cohiba Cigars. Plaintiffs never told the court that General Cigar & Don Rivera (Mr. Carlos Rey) were co-defendants in a 2001 case in the Dominican Republic sued by a third party over Cohiba brand name. Don Rivera won the right to manufacture and sell Cohiba Caribbean’s Finest Cigars and General Cigar won the right to manufacture in the duty free zone and export Cohiba Red Dot cigars. Plaintiffs also never told the court that Restifo became the selling agent for Don Rivera to import and sell Cohiba Caribbean’s Finest Cigars and other brands of cigars in the United States under USA treaty with Dom Rep. Plaintiffs never told the court that Defendants had been importing the CCF Cigars through US Customs and never had one box seized by US Customs for any reason whatsoever for over 8 years before being sued.
Plaintiffs told the court Restifo did not counterfeit the Cohiba Caribbean’s Finest Rum. Plaintiffs never told the court US Trademark refused General Cigars the trademark for Cohiba under International class 033 Spirits. Plaintiffs told the court they (General Cigar) are in the cigars business and management was thinking about going into the liquor business. Plaintiffs never told the court that Defendants have been in the Importing, manufacturing, bottling and sale of Cohiba Caribbean’s Finest Rum for over 9 consecutive years in commerce.
Plaintiffs in all the hearings and motions before this Honorable court has never once explained how is it possible for Defendant to counterfeit cigars that have been imported from the manufacturer (Don Rivera) under a 10 year license granted by the courts in the Dominican Republic. Under a United States Treaties signed with Caribbean Countries, any country may Import products into the United States for sale as long as the products are legally produced under the prevailing laws of the country of origin.
The Plaintiffs knowing Cohiba Caribbean’s Finest Rum has no basis in this case that fact did not matter. Plaintiffs had mass mailing with misinformation around the country stating they are the owners of the Cohiba name, which has succeeded in cutting my companies liquor sales revenue by over 80 percent in the past 2 years. Who would want to purchase any brand of liquor from a company and/or Individual with this kind of reputation?
One thing I know I’m Guilty of and that’s poor judgment in picking attorneys costing my family and I over $180,000 dollars in fees. To have one attorney convicted on federal fraud charges; have two other attorneys blame each other for not show up for a hearing with months of prior notice from the court.
I respectfully request the court to afford my companies and me the right to present our case at trial with proper legal representation. My request to the court although we may think we have the right to Import and sell Cohiba Caribbean’s Finest Cigars we are willing to sit down with the Plaintiffs and workout a compromise under the supervision of this honorable court.
Sincerely
Philip Restifo
Gary, you need to dig a little further. Your facts are all wrong..There was a time that both parties were co-defendants. general cigar is just trying to bully the little guy..
or did they give you under the table money????
Ha. This is too funny. The IP addresses illustrate that every comment to this post was left by the same individual (who I assume is affiliated with the Caribbean’s Finest company)! All of the posts are from the same two guys using different names!
At the end of the day, so-called “COHIBA Caribbean’s Finest” are counterfeit products which further confuse consumers. Not cool. For better or worse, General owns the mark and these folks don’t understand (or feign a lack of understanding) about how trademark law works. Hell, if this were legal to do, I would sell “Pepsi – Massachusetts’ Finest” cola and make a mint! If these “COHIBA” cigars are so good, they should have no problem selling them under a unique name.
if you are so sure about your lies here about general cigar COHIBA go read what happen on dec 03 this year….general don’t own that brand and never will…adopting others concept is what your kind is all about …same thing with music ..lyrics taken from others and claiming ownership..you are a fraud usa
You should see the latest post about Cohiba (12-5-08), which includes a poll. I think I know which way you will vote.
red dot was never a real cohiba ,we are glad habanos
won the last round the brand belongs to them ..and a fair world