Cohiba Ownership

[cockyhoskins]

Unfortunately, this is a potentially bad decision that has more to do with the Budweisers of the world than this individual case. I think it will be appealed to the Supreme Court, which will take the case due to its overriding impact on such companies as Budweiser.

Now, when the embargo is lifted on Cuba and the Cuban government wants to reintroduce its Cohiba, Montecristo, etc., names to the US, they potentially won't be able to.

Yes, I know the history of Castro stealing these companies from the owners during his rise to power, but it doesn't change the fact that those companies are now "owned" by the Cuban government and exercised their trademark rights prior to the embargo.

[hex1848]

I personally applaud this decision. Cohiba was a trademark established after the revolution by Fidel Castro and his cronies. IMHO trademarks established my dictatorships should hold no weight in the international community.

My grandfather owned a huge factory in Cuba prior to the revolution. He lost everything he had and had to start over here. Will the property my family owned be returned to us when Castro dies? I doubt it.

[cockyhoskins]

hex, as I said, I am not discounting the history of how the Cuban government got their ownership. I just think from a trademark (as opposed to copyright) law standpoint, it is a potentially bad decision.

You are right about Cohiba though. It is a label created by Castro after the embargo. It may be a good decision there (which is probably why General Cigar used that label in this case). However, what about H. Upmann, Montecristo, RyJ, Bolivar, and so on.