Cubatabaco Will Appeal Decision of U.S. Court
The Cuban cigar company Cubatabaco announced today that it will appeal the February 24, 2004 decision of the United States Court of Appeals in New York reversing the U.S. District Court judgment that had awarded the U.S. rights to COHIBA to Cubatabaco.
According to the decision of the United States District Court (Judge Robert W. Sweet), the Cuban cigar company Cubatabaco has the right, based on the well-known marks doctrine, to the COHIBA mark in the United States.
On appeal, the Government of the United States, as amicus curiae, urged affirmance of the District Courtís judgment in favor of Cubatabaco.
Nonetheless, in an opinion dated February 24, 2005, the U.S. Court of Appeals for the Second Circuit in New York reversed the judgment of the District Court, disagreeing with the U.S. Government.
Cubatabaco will appeal the decision of the three-judge panel of the Court of Appeals to the entire Court of Appeals and, if necessary, to the United States Supreme Court.
Cubatabaco noted that it will seek vindication of its rights under the Paris Convention, an international trademark treaty to which the United States and Cuba are parties. The Court of Appeals held that the U.S. embargo laws deprived Cubatabaco of the rights to the COHIBA mark under Article 6bis of the Paris Convention, which guarantees the nationals of all treaty countries protection of their trademarks under the well-known marks doctrine.
For further information, contact:
Michael Krinsky, Esq.
Rabinowitz, Boudin, Standard, Krinsky and Lieberman, P.C.
New York, New York
Telephone: 212 799 2428
Cubatabacoís Legal Adviser for Intellectual Property matters