Trademarks and Cuban Cohiba Cigars
Friday December 5, 2008
Except for pre-embargo cigars, Cuban cigars are illegal in the United States (and are illegal for U.S. citizens while abroad). However, there are companies that make and sell cigars in the United States that have the same names as famous Cuban brands, such as Cohiba and Montecristo. Such sales are legal in the United States because the cigars are not made in Cuba, nor with tobacco grown on Cuban soil. In addition, the companies who make and sell these cigars have registered trademarks to use the brand names in the United States.
There are a maze of complicated legal issues involving the use of Cuban brand names in the U.S., which can be confusing to many cigar smokers. I am especially sympathetic to Cuban cigar makers who fled Cuba after Castro's Communist Government seized and nationalized their companies. Shouldn't they still have the exclusive right to continue using (or to sell) their own established brand names in other countries? Excluding counterfeiters, why is there both a Cuban and U.S. version of some cigar brands? The answer is not the same for every brand, but in the case of Cohiba, General Cigar (a subsidiary of Swedish Match) has a trademark on the Cohiba brand name in the United States, while the government-owned Cubatabaco holds the Cohiba trademark (as well as other Cuban brands) in Cuba. However, the Cohiba brand was established after the revolution, and was never owned by exiled Cubans who fled to other countries to reestablish their brands. The name was merely registered by General Cigar in the U.S. because it was not previously registered in the United States by Cubatabaco or anyone else.
General Cigar's legal exclusive right to use the Cohiba brand name in the United States has been the subject of several court cases, including the latest challenge from Cubatabaco. Since we are not lawyers, let's ask a moral question instead. Should General Cigar have the exclusive right to use the Cohiba brand name in the United States? Make your vote and opinion count, below.
There are a maze of complicated legal issues involving the use of Cuban brand names in the U.S., which can be confusing to many cigar smokers. I am especially sympathetic to Cuban cigar makers who fled Cuba after Castro's Communist Government seized and nationalized their companies. Shouldn't they still have the exclusive right to continue using (or to sell) their own established brand names in other countries? Excluding counterfeiters, why is there both a Cuban and U.S. version of some cigar brands? The answer is not the same for every brand, but in the case of Cohiba, General Cigar (a subsidiary of Swedish Match) has a trademark on the Cohiba brand name in the United States, while the government-owned Cubatabaco holds the Cohiba trademark (as well as other Cuban brands) in Cuba. However, the Cohiba brand was established after the revolution, and was never owned by exiled Cubans who fled to other countries to reestablish their brands. The name was merely registered by General Cigar in the U.S. because it was not previously registered in the United States by Cubatabaco or anyone else.
General Cigar's legal exclusive right to use the Cohiba brand name in the United States has been the subject of several court cases, including the latest challenge from Cubatabaco. Since we are not lawyers, let's ask a moral question instead. Should General Cigar have the exclusive right to use the Cohiba brand name in the United States? Make your vote and opinion count, below.
Comments
This will be even a bigger issue after the trade embargo with Cuba is lifted. You can’t have two different companies making Cohiba cigars, just like you can’t have two different companies making Cadillacs or any other brand name product.
I had always heard that while it’s illegal to import Cuban cigars, once they are here (and you didn’t import them) you can’t be arrested because, it goes without saying, tobacco is legal in these United States! How would you prove that it was Cuban tobacco after it was distributed? The band is not proof!
So who’s right Gary? Inquiring cigar smokers want to know!
-A Liberal Cuban-American who always supported the damn embargo! Come on Barack!
Cuban cigars are illegal for US citizens wherever they may be, and are
illegal for foreign visitors inside the United States, no matter where they
live. The only exception is pre-embargo (1962) Cuban cigars. And yes,
those who have Cuban cigars inside the US are breaking the law, just like those
who drive 56 in a 55 zone are also breaking the law. However, as far as I
know, the US government has no way to enforce the law which bans US citizens
from smoking Cuban cigars in other countries.
Here is your legal reference:
According to Cuban Assets Control Regulations, 31 C.F.R. Part 515, the
embargo applies to:
“All U.S. citizens and permanent residents wherever they are located, all
people and organizations physically in the United States, and all branches
and subsidiaries of U.S. organizations throughout the world.”