Monday, December 01 2008
By Daniel Wise (
Law.com)
A 2007 Court of Appeals ruling has turned the tables in an 11-year legal battle waged by the Cuban maker of the famed Cohiba cigar -- prized by Fidel Castro -- to block a U.S. company from using the name "Cohiba" for cigars it sells in this country, a Southern District judge ruled last week.
More than three years ago the 2nd U.S. Circuit Court of Appeals dismissed the lawsuit brought by Cubatabaco, a company owned by the Cuban government.
However, a Court of Appeals' ruling in a separate case, involving a certified question from the 2nd U.S. Circuit Court of Appeals, recognized a state cause of action -- unfair trade by misappropriation -- which entitles Cubatabaco to relief, Judge Robert W. Sweet ruled in Empresa Cubana del Tabaco v. Culbro Corporation, 97 Civ. 8399.
N.Y. Federal Judge Finds Cigar Maker Entitled to Relief Over 'Cohiba' Sales continues...
