Friday, October 03 2008
A Florida jury returned a guilty verdict on Wednesday, October 1, 2008 in State of Florida v. James David Joiner, pending in the Circuit Court of the Seventeenth Judicial Circuit, Broward County, Florida,
Case No. 06-2201CF10A (Rodriguez-Powell).
The jury found the defendant had violated the federally registered U.S. trademarks of Altadis U.S.A. by vending goods with counterfeit trademarks. After the jury's verdict was announced, the defendant was immediately remanded into custody and is currently in county jail awaiting sentencing on Monday, October 6, 2008 at 8:30 am.
Altadis U.S.A. considers Joiner's conduct to be particularly egregious especially since Joiner's retail store had been a direct buying account of Altadis U.S.A. for many years. "Consumers expect a high level of quality from our cigar brands and a level of trust and professionalism from their tobacconist," said an official of Altadis U.S.A., the world's largest manufacturer of cigars. "When retailers knowingly sell inferior counterfeit cigars they not only break the law, they violate that trust."
"Obviously we are pleased with the outcome of the case," stated a key Altadis U.S.A. executive. "There was a fair trial and a jury has applied the law and found the defendant guilty of illegally vending counterfeit cigars. The cigars were not made by Altadis U.S.A. but illegally bore trademarks owned by our company. Such conduct must be stopped as it clearly defrauds consumers."
Industry experts estimate the cigar counterfeiting problem involves the sale of hundreds of millions of dollars of fake and inferior products annually to unsuspecting consumers.
The verdict is yet another in a series of actions that have taken place in recent years as part of an on-going aggressive campaign by federal, state and local officials to halt cigar counterfeiting. This conviction sends an important note to retailers: sales of counterfeit cigars will not be tolerated. It confirms the message Altadis U.S.A. has been conveying for years to those who retail, distribute and/or produce counterfeit cigars:
- Any unauthorized use of Altadis U.S.A.'s trademarks is illegal.
- Labeling cigars " Habana" or "Cuban replica" does not make them legal.
- Individuals who participate in the retail sale, distribution or manufacture of counterfeit cigars will be held personally liable for their counterfeiting activities.
"This was an important victory for Altadis U.S.A., its distributors, legitimate retailers and the entire industry," said the Altadis U.S.A. executive. "It is also a major victory for our consumers, because it protects the consumer from unknowingly purchasing counterfeit and inferior products. Altadis U.S.A. remains committed to ensuring that the company's trademarks are only associated with the cigars it produces under the high standards of quality for which they are known. In today's competitive world, protecting brand names and trade designs is critical." £
