December 20, 2009

THE TOBACCO WARS - CUBA WINS ONE!

Cuba has a lot of problems with trademark infringement and rarely wins in a U.S. Court. Have you been in a liquor store lately? Me either. Until last week - I was buying a Christmas present and imagine my surprise to see Cohiba cigars prominently displayed. How could this be? Then I saw the small print that said, "Made In the Dominican Republic". My companion told me not to make a scene..and it being Christmas and all I complied.

Now I see that state owned Cubatabaco got a favorable ruling on December 14th in its 12 year battle with U.S. General Cigar. U.S. District Judge Robert Sweet bars General Cigar from selling Dominican made cigars using the label Cohiba. HOWEVER, the judge issued a stay of the injunction pending an appeal by General Cigar. They have said they will continue to market "Cohibas" until there is a final judgement in the 12 year old case.

Cubatobaco has ongoing litigation to claim the profits General Tobacco has made from using the Cohiba trademark. Cohibas are sold worldwide by Habanos, SA a joint venture between Cubatobaco and a Franco-Spanish subsidiary of Britain's Imperial Tobacco. Yes, this is a small victory but we have to take whatever we can get. If you are in a liquor store make a scene!

10 comments:

Bill's Waste of Air said...

Wait YOU were in a liquor store? Wow!
Cohiba has a subsidiary company in the Domincan that has nothing to do with the Cuban brand. This is no surprise.

ethnicguy said...

How like the folks at Bill Post's hate radio shop to miss the point of the article posted by Annski and not respond to the legal issues at hand or what looks like a serious infringement on Cuba's rights. Willamette Reds has members who smoke and drink, or don't, in the same proportion as society at large. We are all united in defending Cuba from aggression, however.

The comments above from Bill Post & Co. are part of a broader attack they're trying to make on DHS today because Avva Cigars, which I think is a kind of rightwing front business, didn''t get snap-of-your-fingers service from DHS certifying them to allow indoor smoking in their store at the downnscale Lancaster Mall. Or I think that's their problem, anyway. It's kind of hard to tell because they're somewhat inarticulate when it comes to writing letters and making their case publicly.

In defense of DHS, which doesn't want our help, we want to remind Post and Avva that they're looking for special treatment before a holiday and at a time when state workers have furlough days and more important things to do than certify Avva for whatever the store wants.

The implication that Post and Avva are somehow being discriminated against because of their "conservative"--"whacko" would be a better word--politics is ridiculous. We should be so lucky to live in a world where better-off white guys have to stand in line like everyone else.

HallView said...

What's so surprising about liquor store attendance?

Bill's Waste of Air said...

I should clarify my opening statement, it was in relation to a post on my facebook page by Bob (ethnicguy). It's just a fun little jab as he has said that drinking was wrong for "Judeo-Christians". I don't have a problem at all with ANYONE who drinks or smokes. That is why I support freedom for all.
God Bless and Merry Christmas to all!

ethnicguy said...

In a related post on Facebook Bill Post said:

"At least I use my real name, ethnicguy. Your brand of hatred is not my cup of tea, so we will just have to agree to disagree. I am always amazed at the use of hate language to describe "hate language". If I am a "hate radio" guy, then what are the posters on your blog when they use such strong words as they do? I think we are more alike than you would prefer. You are always welcome here though Bob! We love EVERYONE!"

It raises an interesting question about "hatred." Do we engage in hatred by describing conservative (or whacko) radio that singles out Latinos, liberals, leftists, gays, the President, environmentalists and others for special ridicule, distortion and pressure? I don't think so, but I'm willing to hear an opposing point of view. It's more like class or social conflict than hatred, I think. On the other hand, I'd love it if we could trust the other side with civility.

Charles Wynns said...

Cuban products must be properly attributed to Cuban ventures! I want to see them in US stores! None of this name game-playing and outright thievery.

I'm looking forward to the day when we can travel openly to Cuba and buy products clearly labeled Made in Cuba. In fact, I'm planning on it.

It won't be cigars I buy when the travel and trade bans are gone. I'm more of a cook than a smoker. Let's hear it for the first Cuban cuisine restaurant in Salem!

PS - NO SMOKING IN ANY STORE!ANYWHERE! NO WAY! NO HOW!

Maggie said...

Why is the big USA still so afraid of a small island nation that it would continue to prohibit the importation of its renowned product - Cuban cigars - while allowing the theft of one of its cigar trademarks??

RedMama said...

Gee - I bought a spicy hot chocolate powder downtown this weekend. The chocolate is from a farmer in the Dominican Republic. He belongs to a cooperative which exports through Canada.

A cooperative?!?! In the Equal Exchange network? I bet they have socialism down there!

annski said...

Hey! I wrote the blog and I can assure you I am not a BOB..The cigars are not a subsidiary of Cohiba. that is the point. An American Company, General Cigar is stealing the name Cohiba because everyone knows the best cigars in the world are Cuban Cohibas (not generally a cigar smoker however when I am in Cuba I do smoke the real Cohiba.) The company that stole the name (and profits) argues there is no patent recognized in the USA so he made it up and there is no other Cohiba in the US..an argument not recognized by the District Judge.

ethnicguy said...

My comment about religion that so bothered Bill Post & Co. was along the lines that "traditional Christianity" forbids making profits on the sale of liquor and items of that sort. I stand by my comments. I believe that most profit-making and capitalism was condemned by the Bible and the early Church Fathers and Church Mothers. Bill & Co. can go to any church they please, but it is rank hypocrisy for them to ignore the historic teachings and Sacred Traditions of the Christian Church and call what they have instead "traditional Christianity."