Dear HCF Member:
Some weeks ago I received a letter from a law firm representing Fuente & Newman Premium Cigars Limited, Incorporated, the makers of A. Fuente, Opus X, Diamond Crown and other non-Cuban cigars. The letter advised that Fuente/Newman holds the registered trademark for "Cigar Family" and that it considered our use of those words in habanocigarfamily.com and as the name of this forum to be an infringement of that trademark.
I immediately telephoned Fuente/Newman's lawyer and advised that (a) we are not a commercial enterprise; (b) we did not adopt our name to "trade" on the name or good will of "Cigar Family"; (c) we have respect for Fuente/Newman and its own commercial forum; and (d) we would gladly publish conspicuously a disclaimer of any affiliation whatsoever with Fuente/Newman etc. and (e) despite the fact that I am convinced that we are not infringing on Fuente/Newmans trademark, I would rather switch than fight.
Subquently I took a phone call from a couple of Fuente/Newman executives who informed me that they think the whole thing is a bit silly but we needed to work out a solution. Their suggestion was that we change the name of our domain and forum, which I reiterated a willingness to do if there were no alternative. However, I pointed out that the core group of members here has moved from CigarWise to CigarSyndicate back to CigarWise and now to HCF and I would prefer a solution that didn't require another name and domain change. I proposed that Fuente/Newman sell us a limited license to use "Cigar Family" as part of our name and to publish prominently a disclaimer of any other relationship to Fuente/Newman, cigarfamily.com, Cigar Family Charitable Foundation or any other Fuente/Newman entity or program.
A couple of days ago I took another call from the Fuente/Newman executives who advised me that their lawyers would not agree to let them sell us a license, and the lawyers confirmed to me yesterday that Carlito Fuente and Fuente/Newman have instructed them to sue me for trademark infringement if we do not change our name.
Accordingly, effective the SUNDAY, October 1, we are changing our name to Habano Cigar Forum and our domain to
www.habanocigarforum.com. This will not affect any of the existing posts or other data in the database. As of SUNDAY you should come here via the
www.habanocigarforum.com domain and delete your cookies and change your bookmarks/favorites accordingly. You should not have to re-register and your username and password will not change
I regret the inconvenience that may result from this change and that Fuente/Newman would rather risk alienating our members than to win the good will that would have resulted from an alternative arrangement that would fully have protected their legal rights.
Best,
*****
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