Cigar Law: Jan 13, 2009

Thanks to "Electric Sheep"

My thanks go out to "Electric Sheep" the gentleman in the BOTL.org forum that first congratulated me on the content of this site and then destroyed my blog from a technical standpoint. He is absoutely correct. The tech specs of this blog suck. I believe that it crashes less these days, and I appreciate the folks that keep coming back for more. Here's my official excuse: (1) I never thought folks would read this blog ... apparently, many do; (2) I have a full time job as an attorney; (3) I have two kids; (4) I have a girlfriend; (5) I travel a lot for work; (6) I have a cigar brand coming out that I've been working on; and finally .... (6) .... I have a freakin' busy life. It's a miracle that I post anything at all on this thing ... so give me a f'ng break about the technical suckiness of this blog.

Content is king ... the rest is just bling ... -FH

What's 50% of Corporacion Habanos, S.A. Worth Today, 10 Years later ....?

From Bloomberg News 10 Years Ago ....

Altadis to Buy 50% of Cuba's Corporacion Habanos for $500 Mln

Madrid, Dec. 9 (Bloomberg) -- Altadis SA, the world's biggest cigar maker, said it would spend $500 million to buy 50 percent of Corporacion Habanos, makers of some of Cuba's best- known cigars, including Cohiba and Montecristo.

Altadis, to be formed by the merger of Spain's and France's biggest tobacco companies, said the price of the purchase could be revised after it reviews the company's financial situation.

Corporacion Habanos was created in 1994 to regroup and sell the major Cuban cigar brands.

Tabacalera SA bought France's Seita SA to former Western Europe's third-largest cigarette company and exploit their dominant position in cigars. The combined company already controls about 25 percent of the world's market for cigars.

The new company is expected to begin trading in both France and Spain tomorrow.

Dec/09/1999 11:59

Cigar Law Back on Dog Watch Cigar Radio

The good folks at Dog Watch Cigar Radio (www.dogwatchcigarradio.com) have asked me back onto their show to discuss the clove/menthol issue that is hot now. Readers may be aware that the recent legislation passed by Congress bans clove cigarettes in the United States but not menthol cigarettes. Indonesia is not happy about this since it exports 99 percent of its clove cigarettes to the United States (see here).

Indonesia is threatening to file a complaint with the World Trade Organization on the U.S.'s disparate treatment of cloves vs. menthol flavored cigarettes.

This is not really a cigar issue, but it's only a matter of time before legislatures start doodling around the cigar industry with similar bullshit legislation.

TTAB Issues Notice of Default to United Tobacco Distributors

In Mike's Cigars Distributors, Inc. v. United Tobacco Distributors, Inc., Opposition No. 91188995 regarding Mike's Cigar's Opposition to United's application for "CUBAO," the Trademark Trial and Appeal Board recently issued a Notice of Default. Apparently, United had until June 5, 2009 to file an Answer to the Opposition, but did not do so. The Notice of Default now gives United 30 days from June 20, 2009 to file its Answer. Sometimes an applicant will default on purpose rather than fight, sometimes they never get notice of the opposition proceeding because an old address is on file, etc... In any event, if they intend to fight this one, they should file a response to the Notice of Default soon.

Corporacion Habanos' Consent Agreement with Empresa Cubana Del Tabaco

The United States Patent and Trademark Office rejected Corporacion Habanos' application for tradedmark registration of "EDMUNDO DANTES" for certain goods. In response, Corporacion Habanos got Empresa Cubana Del Tabaco to sign a consent agreement in Cuba. See it here:

http://www.scribd.com/doc/16519139/Consent-Edmundo-Dantes

Of counsel for Corporacion Habanos provided the translation (and most likely drafted the agreement) since they represent both entities.

Let's revisit this again ... two Cuban entities, from a country that CAN NOT legally offer and sell goods in the United States, can agree and consent (pursuant to US law) that there is no likelihood of confusion in the United States between their trademarks for their respective goods. Thus, they can both register "EDUMUNDO DANTES" with the United States Patent and Trademark Office. Hmmmm.... The United States policy on allowing Cuba and Cuban entities to register their trademarks (and oppose United States trademarks) is RIDICULOUS, NONSENSICAL, and downright unAmerican. Seriously, think about this. Two companies, both of which can not do business in the United States are agreeing that there will be no likelihood of confusion between their respective marks as applied on goods that ARE NOT AVAILABLE for sale (legally) in the United States. Of course there is no likelihood of confusion, because the United States consumers can't be confused about the source of products that are not for sale in the United States.

Please stop me ....

NUB Files Motion for Default Against Cigarmony

Coffee Wars - "CUBITA"

Corporacion CIMEX, S.A. (an entity of Cuba) finds itself on the defensive these days. As reported here earlier, it's application for "CUBITA CAFE CUBANO CUBAN COFFEE MOLIDO GROUND" was opposed by Ruta Maya Royalty, LTD. which claims a first use date of the trademark "CUBITA" since March 1, 1994. CIMEX has just filed its answer to the opposition proceeding. Read it here:

http://www.scribd.com/doc/16439788/Cimex-Cubita-Answer

What's interesting is CIMEX has set forth Affirmative Defenses which are consistent with Corporacion Habanos' claims and defenses in the various Cigar Wars (HAVANA CLUB, GUANTANAMERA, etc...).

Altadis USA Files Motion for Ext. of Time to Oppose "CENTARIO"

A few days ago, Altadis USA filed a motion for extension of time to oppose the trademark application for "CENTARIO" as filed by Tropical Tobacco, Inc.

Tropical Tobacco is no stranger to the Trademark Trial and Appeal Board proceedings. Over the years it has fought over "CERBERUS" against Avalon; "COPACABANA" against Apoc Restaurant; "MONTE VERDE" against Cuban Cigar Brands, N.V.; "EL PINARENO" against Habana Tobaco Trading, Inc.; "CACIQUE" against Cacique, Inc.; "FROM SEED TO ASH" against Davidoff of Geneva; and "MONTE CANARIO" against Culbro Corp.

They've been succesful at some.

Cigar Fight

Like many of you, I'm always thinking up new domain names to purchase for fun and profit. Since there is a great website called domainfight.com which allows users to search for domain disputes, I thought www.cigarfight.com would be a good name for cigarlaw.com related disputes. When I researched the name, I found that Famous Smoke Shop registered the name about three months ago. It appears that Famous is using the domain to drive traffic to its site and to capitalize on the widely publicized and upcoming fights between Pete Johnson of Tatuaje Cigars and Tim "The Clipper" Carr of Famous Smoke Shop.

Famous Smoke Shop continues to impress me with their marketing efforts.

Bidwell Cigar Co. Expressly Abandons CALLE OCHO

Bidwell Cigar Co. filed a trademark application for "CALLE OCHO" for use in

connection with cigars. Cigars International, Inc. filed an Opposition Proceeding

claiming that it had common law rights in "CALLE OCHO" as used in connection

with cigars, cigar humidors, and cigar ashtrays since 2002.

An Answer was filed, then a few extensions of time of the trial dates. The

record is silent as to the terms, but it appears that the parties settled. As

part of that settlement, Bidwell aparently agreed to expressly abandon its

trademark application for "CALLE OCHO".

Um, has anyone considered the fact that "CALLE OCHO" is geographically

descriptive of cigars, if those cigars come from CALLE OCHO, or geographically

deceptively misdescriptive if those cigars don't come from CALLE OCHO?

http://www.scribd.com/doc/16255566/Calle-Ocho-Abandonment

PATRON Tequila Files Opposition Against PADRON for Coffee etc.

TORPEDO v. IMPACT TORPEDO

Nat Sherman Tobacconist Lindsay Heller ... in her own words ...

Although I obeyed the law in waiting until I was eighteen years old, I had always had this desire to smoke cigars after witnessing my grandfather enjoy them throughout my entire young life. Like many people I help everyday, at first I knew relatively little about tobacco outside of some historical and geographic facts, but as is the custom with me, if I enjoy something I always have to try and learn as much as possible about it.

I was a consumer and student for nearly six years learning, trying, and asking questions before I made the leap from customer (and apprentice of sorts) to becoming an actual tobacconist. I am now New York City’s only female tobacconist and one of the younger individuals in the business. My passion & knowledge of food and wine has blessed me with a sensitive palate, therefore being able to educate all my customers comes with ease. I’m so fortunate to be part of the extended Nat Sherman family, where day-after-day I get to come in contact with celebrity cigar enthusiasts to the “average joe,” and it brings me so much joy to help impart some knowledge onto them. I understand that walking into tobacco shops can be somewhat intimidating when a customer realizes how complex smoking can be and that it really is an art form, but I like to think people like me exist to share enthusiasm and experience so that each and every time that customer leaves totally satisfied.

From hosting events, classes, and even personally tailored in-store appointments, I love watching cigar smokers get excited about the perfect stick. Despite all of the anti-smoking hysteria and rather unjust laws, I enjoy being part of a company that provides those wishing to enjoy tobacco an oasis in the middle of an urban jungle. I have been so fortunate to become friends with many of the names/brands we all know, and each time we chat we pass our musings onto you.

I keep looking to the future and all I see is a lifetime of great memories with equally great cigars. As for what’s next for New York City’s professed “Cigar Chick,” all I can say is you will continue to see me everywhere. I am now taking time to learn about another side to the business, so all I will say is that consider all of this at just the tip of the preverbal iceberg.

Camacho Cigars Appeals PTO's Denial of Trademark Registration for "PURO MADURO"

Strangely, Camacho Cigars refused to accept the translation offered by the PTO arguing that the term "PURO" has several translations. In any event, the phrase "PURO MADURO" was placed on the Supplemental Register.

There is no disclaimer in the record for the term "MADURO" even though the goods listed in the application covers "cigars containing maduro wrappers."

In any event, what good does this Supplemental Registration do for Camacho? Seriously, try enforcing a "trademark" which translates as "cigars containing maduro wrappers."

Sorry Camacho, but your attorneys' fees are best spent fighting other trademarks.

Smoke Magazine and www.solocigars.com Get the Gas Face

At home listening to Hip Hop Classics on cable and what do I hear? 3rd Base and their classic "Gas Face." I forgot about this classic song. At the same time, I am flipping through the Spring issue of Smoke Magazine. What do I find? Yet another advertisement by or about "Habanos" the Cuban cigar entity. This particular advertisement appears to be a co-op ad with http://www.solocigars.com. The advertisement boldly states "Habanos Specialist Cuban Cigar Store" and "Worldwide Delivery Guaranteed." It follows that a US Toll Free number is also made available. So, it appears that if you want Cuban cigars you can visit http://www.solocigars.com or call their toll free number. Right there in black and white, world wide delivery guaranteed. Hate to sound like a ninny, but isn't there something like an embargo that makes it illegal for US citizens/residents to purchase Cuban cigars? I'm no idiot. I know that Cuban cigars (or cigars purporting to be Cuban) have been available for purchase on line for years. But, a full page ad in Smoke Magazine? This magazine is published by Lockwood Publications, Inc. located in New York.

I've asked this question before .... why advertise goods that are not legally available in the US? The end is near? Is Smoke Magazine, http://www.solocigars.com and/or Habanos (or others) preparing the US consumer for the imminent arrival of real Cubans?

In any event, Smoke Magazine and http://www.solocigars.com get the Gas Face for the most blatant snub at the US Government's Embargo against Cuban goods. Whether you believe the Embargo is a good idea or not, it's currently the law.

By the way, the model is out of control hot. She also appears on www.solocigars.com. However, she is clearly not Cuban (either of the island or in exile). I just know these things. (picture to follow).

Cigar Law in Seattle, Love the City, But No Place to Smoke

I'm in Seattle this week attending the International Trademark Association's Annual Meeting. Last night the lovely Elle Macpherson gave the keynote speech. She made a brief appearance at the reception thereafter. I tried to profess my love to her, but alas, a squadron of grey haired counsel from White Shoe firms monopolized her attention. Next time, Elle. If you're reading, I'm staying at the Sheraton under an assumed name.

In any event, tonight cigarlaw will be attending the Fifth Annual "Meet the Bloggers" event. Thereafter, off to a small gathering of cigar loving trademark attorneys.

New Case on Section 2(e)(3) Geographically Deceptively Misdescriptive Trademarks

While this is not a cigar case (it's about vodka) the case is significant in the cigar industry because Corporacion Habanos has been using Section 2(e)(3) of the Lanham Act to kill trademark applications. For those of you not in the know, Section 2(e)(3) of the Lanham Act bars the registration of trademarks if they are "geographically deceptively misdescriptive" of the goods/services for which the are applied. Enjoy .... In Re Spirits

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1919 Opinion re "LA FLOR DE LA ISABELLA"

CUBITA v. CUBITA CAFE CUBANO CUBAN COFFEE MOLIDO GROUND

Ruta Maya Royalty, LTD the owners of trademark application for "CUBITA" for use in connection with coffee (claiming first use since 1994) has filed an extension of time to oppose the trademark application for "CUBITA CAFE CUBANO CUBAN COFFEE MOLIDO GROUND" filed by Corporacion CIMEX, S.A. (Cuban entity).

I know that this is not a cigar trademark dispute, but it is relevant to this blog in so much as the Cuban entity is represented by the law firm of RABINOWITZ, BOUDIN, STANDARD, KRINKSY & LIEBERMAN, P.C. This law firm represents (and has since the early days of the embargo) Cuba in its legal issues in the United States.

Readers may find interesting that the title of the biography of the founder of the firm, Victor Rabinowitz, is "Unrepentant Leftist: A Lawyer's Memoir".

Miami's Magnate Files Request for Ext Time to File Opposition

Miami's Magnate Cigars recently filed a request for extension of time to oppose an application for "MAGNATES" for:

Tobacco products, accessories, and smoking articles, namely, cigars, rolling papers for cigarettes and cigars made out of paper, rolling papers for cigarettes and cigars made out of tobacco, rolling papers for cigarettes and cigars made out of cellulose, rolling tobacco for cigarettes and cigars, pre-rolled tobacco shells, tobacco sheets, smoking tobacco, chewing tobacco, snuff, pipe tobacco, roll your own tobacco, and cigarette papers.

The application was filed by Durfort Holdings, S.A.

Cuba's Trademark Applications/Registrations Subject to Attack for Illusory "Intent-to-Use"?

The Trademark Trial and Appeal Board ("TTAB") recently entered an order which generally calls into question whether a foreign applicant of a US federal trademark has a real "intent-to-use" basis to file a trademark application. This is a highly technical issue, but it may have reprocussions for future attack on Cuba's (and Cuban entities') trademark applications and registrations which were based on Section 44(d) and 66(a) (provision in law that allows for federal trademark applciations by foreign applications based on an "intent-to-use" the applied for trademark in the US in the future.) See

http://thettablog.blogspot.com/2009/04/precedential-no-15-finding-no-evidence.html

Question: Can Cuba or Cuban entities have a "bona fide intent-to-use" a trademark in the US when that "intent" is illusory. The embargo has lasted for over 40 years, it could last another 40 years (arguably). If there is no present ability to exploit a trademark in association with particular goods/services, then how can there be a "bona fide intent-to-use."

In an unrelated legal matter, at least one court, namely, the United States District Court for the Southern District of Florida, refused an action by General Cigar because the alleged threat by a Cuban entity was too speculative in so much as the end of embargo was unclear. I'll track down that opinion and share here when I can.

The point is that Cuba and Cuban entities can not have a "bona fide intent-to-use" a trademark in the US if they have no present idea of when, or even the present capability, to commercialize the trademark in the US. Let's leave Section 44(d) and 66(a) trademark filing basis for foreign entities that actually do have a present bona fide intent-to-use the trademark in the US.

Drew Estate's Answer to Corporacion Habanos' Cancellation Action "LA VIEJA HABANA"

Drew Estate obtained a federal registration for "LA VIEJA HABANA" on December 23, 2003. Five days before the registration was eligible to become "incontestable" Corporacion Habanos filed a Petition to Cancel the trademark. How convenient. By way of background, after a trademark has been registered for five years it is eligible to become "incontestable" if the owner of the trademark files the appropriate affidavits. Had Corporacion Habanos not filed this action, and had Drew Estate filed its Section 8 and 15 affidavits, it would have been nearly impossible for Corporacion Habanos to attack this trademark registration. After some stipulated extensions of time, it appears that this action moves forward with Drew Estate's recent filing of its answer to Corporacion Habanos' Petition for Cancellation of the registration for "LA VIEJA HABANA". Below is the recent answer ... compare with the original Petition for cancellation here: http://www.scribd.com/doc/11467792/Corporacion-Habanos-v-Drew-Estate-LA-VIEJA-HAVANA Ttabvue-92050354-Can-11 Drew Estate Answer to La Vieja Habana Action

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Hottest Women in Cigar Industry: Annia Vazquez and Chistrian Forcade of Forcade Cigars

Annia Vazquezand her sister Chistrian Forcade provided Cigarlaw.com with this great write up about the history of Forcade Cigars:

Our roots with tobacco expand from five generations back when our great-grandfather, Thomas Novales, migrated from Palma de Mallorca, Spain to Cabeza-Pinar del Rio, Cuba in 1887. His cultivation of tobacco was located at La Vega kilometer 26 ½ Carretera Luis Lazo, Pinar del Rio, where he passed his knowledge and dedication of tobacco cultivation to his four sons; one of which was our great-grandfather, Thomas Novales Jr., born in 1917.

Our great-grandfather continued the tradition to his seven children. The tobacco agriculture was part of growing up for our grandmother, Bienvenida Elena Novales, and her brothers and sisters. The four boys were in charge of maintaining the fields and the three girls would handle making of each tobacco with perfection. The Forcade family was a French family that also migrated to Cuba and were close friends with the Novales. Having their children growing up together as a family, Bienvenida Elena Novales and Manolo Forcade were brought up in the manufacturing and cultivation of cigars.

As time passed, both having their own descendants, Bienvenida gave birth to Araceli Gonzalez, our mother, and Manolo had his son, Manolo Forcade Jr. Their children fell in love during their adolescence and together were able to continue the company that their ancestors had created, assuring the maintenance of the quality and freshness of a fine cigar.

The company is named after the Forcade family in memory of Manolo Forcade whom died at sea trying to pursue the dream of continuing the tradition in America and leaving from the communism of Castro. Araceli, our mother, wife at that time of Manolo had Chistrian Forcade, and then remarried having Annia Vazquez, creators of the new highly experienced Forcade and Son Cigar Company. In modern day today, the generation of this family history is still passionately cultivating in Pinar del Rio, Cuba what their ancestors passed down from generation to generation. The adoration and desire for a first-class cigar is the goal and living dream of the Forcade & Son Cigar Company.

Forcade Cigars produces "GIRALDA" brand cigars made by Don Pepin Garcia in Nicaragua under the Garcia Family Tabacalera.

Hottest Women in Cigar Industry: Amber Lee of Famous Smoke Shop

This selection for "Hottest Women in the Cigar Industry goes to:

Amber Lee, Advertising Assistant for Famous Smoke Shop in Pennsylvania.

This is definitely one of the hardest working women in the cigar industry. Through her online efforts in the world of Twitter, Facebook, and most likely other online communities, the world has been introduced to Famous Smoke Shop. And for those already familiar with Famous Smoke Shop, she provides a friendly and knowledgeable face to the company.

In her own words, Amber describes her job as working in the “marketing department of the world's best cigar retailer - Famous Smoke Shop! I'm basically the marketing team's dominatrix, meaning that I crack the whip to make sure that our writers and designers accomplish everything on their plates. They act like they don't like it, but I know they do. LOL”

Cigar Law learned about Amber through here ubiquitous Twitter and Facebook updates where she keeps us up to date on her local traffic, cigars that she is currently smoking, and music she enjoys. Her efforts are a perfect example how companies are now using the power of social networking to put a friendly face on their products and services and building goodwill in a non-traditional way.

Amber is not simply a person in the marketing department that is touting her company’s product and services, but rather is someone that actually enjoys the products she is marketing. In her own words, “I've been smoking cigars for a few years. I started out with mild and flavored cigars, but now prefer traditional, medium to full-bodied smokes. Some of my favorites are Famous Private Selection Nicaraguan Corojo, Rocky Patel Vintage '92, and pretty much anything by Don Pepin Garcia.”

Here’s a shout out to Amber Lee of Famous Smoke Shop, a wired/Internet savvy, cigar smoking, smart and friendly face for the cigar industry.

`FD > "20090000" and "cigars"[gs] WHAT THE HELL IS THIS?

This is the code that you enter into the USPTO.GOV website's TESS search system in order to find out how many trademarks have been filed since January 1, 2009 to date which include "cigars" as part of their goods and services.

By doing so, I retrieved 158 hits, which include the following first 100 hits:

Serial Number	Reg. Number	Check Status	Live/Dead
1	79065546	DUNHILL SINCE 1907	TARR	LIVE
2	77706545	BORED TO DEATH	TARR	LIVE
3	77706096	NATIVE PRIDE	TARR	LIVE
4	77705534	NATIVE	TARR	LIVE
5	77705434	SIX NATIONS MANUFACTURING	TARR	LIVE
6	77705117	GOLD COIN 1 LONDON	TARR	LIVE
7	77704229	DOMINUS	TARR	LIVE
8	77703120	PICKWICK	TARR	LIVE
9	77702295	GOD OF FIRE	TARR	LIVE
10	77702238	PEACH TREES	TARR	LIVE
11	77702228	BLU MAGIC	TARR	LIVE
12	77701503	WHAT COLOR IS YOUR BOW TIE	TARR	LIVE
13	77698996	ROYAL BLUNTS PLAYERS CHOICE	TARR	LIVE
14	77692927	BACKGAMMON	TARR	LIVE
15	77647173	D	TARR	LIVE
16	77699985	ALIANZA	TARR	LIVE
17	77699950	WHERE TRADITION MEETS FLAVOR	TARR	LIVE
18	77699834	PEREZ-CARRILLO	TARR	LIVE
19	77699073	XXL 2	TARR	LIVE
20	77698745	VINNET	TARR	LIVE
21	77698717	AFTER 5	TARR	LIVE
22	77672508	ENJOY BLACK & MILD	TARR	LIVE
23	77653561	6 GENERATIONS	TARR	LIVE
24	77652198	SEMINOLE	TARR	LIVE
25	77646502	MIDDLETON'S BLACK & MILD WOOD TIP SINCE 1856 PULL	TARR	LIVE
26	77646500	MIDDLETON'S BLACK & MILD WOOD TIP SINCE 1856 PULL	TARR	LIVE
27	77646496		TARR	LIVE
28	77646492		TARR	LIVE
29	77646481	MIDDLETON'S BLACK & MILD WOOD TIP PIPE-TOBACCO CIGARS	TARR	LIVE
30	77646474	MIDDLETON'S BLACK & MILD WOOD TIP PIPE-TOBACCO CIGARS	TARR	LIVE
31	77697782	QUESADA	TARR	LIVE
32	77696570	CUBANACAN	TARR	LIVE
33	77696175	THE NEW WAY TO SMOKE...SMOKE FREE.	TARR	LIVE
34	77695675	1974	TARR	LIVE
35	77663306	TRIVO	TARR	LIVE
36	77657180	PANCHO ARANGO	TARR	LIVE
37	77647331	PYCNOGENOL	TARR	LIVE
38	77689242	NATIVE PRIDE	TARR	LIVE
39	77689213	PRIDE	TARR	LIVE
40	77693327	AFTER 5	TARR	LIVE
41	77693316	VINNET	TARR	LIVE
42	77646903	VOODOO	TARR	LIVE
43	77645563	NATIVE	TARR	LIVE
44	77642816	EZ SLICE	TARR	LIVE
45	77694105	SENEKA	TARR	LIVE
46	77694059	GATOR	TARR	LIVE
47	77693879	YUMA	TARR	LIVE
48	77693119	GREENNICOTINE	TARR	LIVE
49	77693051	BRUGAL	TARR	LIVE
50	77692850	JOSE BLANCO	TARR	LIVE
51	77692523	PRETORIAN HARD SPORTS	TARR	LIVE
52	77692250	CIGOTINE	TARR	LIVE
53	77691770	BARRINGTON	TARR	LIVE
54	77691584	NOBLE	TARR	LIVE
55	77691578	ACTION	TARR	LIVE
56	77644955	SOUTHERN BY THE GRACE OF GOD	TARR	LIVE
57	77643504	ESCAPE	TARR	LIVE
58	77686970	TORTUGA	TARR	LIVE
59	77642874	BRACKETOLOGY	TARR	LIVE
60	77682229	LA CARIDAD DEL COBRE 1608 HAND MADE	TARR	LIVE
61	77656485	BELLA TORRES	TARR	LIVE
62	77690279	FLOR DE GERARD	TARR	LIVE
63	77690151	PIPER'S HAVEN	TARR	LIVE
64	77690020	VARTAN	TARR	LIVE
65	77689513	INDIAN	TARR	LIVE
66	77655604	PROPHESY	TARR	LIVE
67	77655582	DIVINE	TARR	LIVE
68	77687184	HOPE	TARR	LIVE
69	77686715	DIPLOMACY SERIES	TARR	LIVE
70	77686147	LVH	TARR	LIVE
71	77686133	LA VIEJA	TARR	LIVE
72	77686064	BLUNTARILLO	TARR	LIVE
73	77675696	SOY CUBANO	TARR	LIVE
74	77685904	LA TRAVIATA	TARR	LIVE
75	77684753	LOS VOLCANES	TARR	LIVE
76	77684733	LOS VOLCANES BWK B.W. KENT TOBACCO CO.	TARR	LIVE
77	77684586	MEDEROS	TARR	LIVE
78	77683491	GREEN PUFFER	TARR	LIVE
79	77683425	MONTECRUZ AGED CAMEROON MC 10 YEARS HECHO A MANO	TARR	LIVE
80	77683405	MONTECRISTO CUP	TARR	LIVE
81	77683365	MONTECRISTO OPEN	TARR	LIVE
82	77682843	CUEYBA	TARR	LIVE
83	77682804	BLACKCARD REPORT	TARR	LIVE
84	77647123	RETREAT	TARR	LIVE
85	77646246	TIERRA DEL SOL	TARR	LIVE
86	77682779	ALEJO	TARR	LIVE
87	77682413	BLACK EAGLE	TARR	LIVE
88	77682151	FLAME	TARR	LIVE
89	77681326	CIGARS 90 PLUS	TARR	LIVE
90	77681034	EZSMOKER	TARR	LIVE
91	77674974	ONONDAGA	TARR	LIVE
92	77673878	LEWPORT	TARR	LIVE
93	77674724	ROGUE WARRIOR	TARR	LIVE
94	77674713	ROGUE	TARR	LIVE
95	77672870	SENATE	TARR	LIVE
96	77679369	ROCKCHILDE	TARR	LIVE
97	77676724	ORTSAC	TARR	LIVE
98	77675904	BOGEY WOODS	TARR	LIVE
99	77675897	BOGEY TREES	TARR	LIVE
100	77675892	BOGEY MASTER	TARR	LIVE

Big News in the Cigar Industry Today

The Cuban newspaper Granma reports today that Cuba will cease cigar production because Raul Castro consulted with a Santera and now believes that tobacco is the "devil's weed." To replace the tobacco/cigar industry, Cuba will now cultivate medicinal grade marijuana. After consideration of the benefits of medicinal grade marijuana, Castro stated that "it is the hope of the revolution that this new crop will assist in bettering the vision of the Cuban people, which has been historically clouded." Castro continued, "it is an added benefit that this new crop will increase the appetite of the Cuban people."

New brands of Cuban sensimilla may include "HAVANA WOWIE", "PINAR DEL RIO GOLD", and "CHEECH & CHONG'S CUBAN SURPRISE". Castro boasted that the joints would be this big: (see image below)

The new Cuban president Raul Castro at Cuba's National Assembly election session in Havana

A review of the United States Patent and Trademark Office records reveals that the Cubans have already begun to file "intent to use" trademark applications to insure that the trademarks are free to use in the United States when the embargo is lifted, which, according to Obama's statements at today's G-20 conference, will occur by the end of this week.

Drew Estate's KUBA KUBA - PTO Continues to Say No to Registration

A few weeks ago, I posted that Drew Estate filed a very creative response to the PTO's refusal to register a trademark application for "KUBA KUBA". The PTO considered the response, and thereafter withdrew it's initial grounds for refusal, but brought a new ground for refusal. Namely, the PTO now states that the proposed trademark is geographically deceptively misdescriptive under Section 2(e)(3) of the Lanham Act. Ouch. In support of this new position the PTO directed Drew Estate to two recent cases, namely the "HAVANA CLUB" for cigars case and the "GUANTANAMERA" case. The PTO's citation to the "GUANTANAMERA" case is in error for a variety of reaons, but most importantly, because the case is currently on appeal. In any event, check out the latest from the PTO:

See Latest Office Action From PTO Refusing Registration Here.

The PTO is so inconsistent when it comes to the registrability of certain trademarks (in the cigar business) that it is ridiculous. For instance, the PTO has allowed trademarks such as "PINAR DEL RIO", "CLASSIC CUBAN", and a number of other truly geographically deceptively misdescriptive trademarks to become registered.

In the case of the "GUANTANAMERA" trademark the original PTO Trademark Examiner allowed the trademark to proceed to registration. It wasn't until Corporacion Habanos opposed the trademark and after 7 years of litigation did a finding of 2(e)(3) come down. Again, this is on appeal now. Moreover, the PTO has allowed the trademark "GUANTANAMERA" to become registered for "rum" of all things. Gee, it's not geographically deceptively misdescriptive for rum, but it is for cigars?

Corporacion Habanos Files Reply In Support of 56(f) Motion In "HAVANA COLLECTION" Opposition

Readers will recall that Xikar filed a motion for summary judgment recently in the "HAVANA COLLECTION" opposition pending at the Trademark Trial and Appeal Board ("TTAB"). In response, Opposer Corporacion Habanos complained that summary judgment is not appropriate at this stage since more discovery is needed. Here's their reply brief in support of their motion to request more time for discovery to respond to Xikar's motion for summary judgment. CH reply in support of 56f motion

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Corporacion Habanos' Beef with "SIGLO 21" Trademark Application

Yesterday I posted that Corporacion Habanos filed a request for an extension of time to oppose the trademark application "SIGLO 21". Turns out they did the same for Santa Clara's other trademark application for the same mark but for cigars. I'm still not sure why in so much as Santa Clara owns a federal registration for "SIGLO" dating back to 2001 which is now incontestable. Must be the use of "21". Further, Santa Clara has another pending trademark for "SIGLO" (by itself) which just published and has not yet been opposed. Even more interesting is that Santa Clara has a pending application, which will soon register for "SIGLO XXI" which was not opposed by Corporacion Habanos.

Corporacion Habanos Files Request for Ext. Time to File Opposition "SIGLO 21"

Corporacion Habanos Gives Up on "CUBAN COFFEE"

Either Famous Smoke Shop Chose To Give Up, Or They Dropped The Ball

The Trademark Trial and Appeal Board ("TTAB") recently issued a Notice of Default for Famous Smoke Shop's failure to file a responsive pleading (answer or motion to dismiss) to Holt's Company's recent Notice of Opposition to "BENCHMARK BY FAMOUS SMOKE SHOP" trademark application. The TTAB gave Famous Smoke Shop until March 17, 2009 to file its responsive pleading or face final default judgment. Nothing was filed by that date ... Notice of Default Famous Smoke

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Guantanamera Cigars Co. v. Corporacion Habanos; Southern District of Florida

Guantanamera Cigars Co. www.guantanameracigars.com files suit against Corporacion Habanos, S.A. in the United States District Court for the Southern District of Florida alleging unfair competition and common law trademark infringement stemming from Corporacion Habanos' advertisement of its Cuban "GUANTANAMERA" cigars in a magazine with United States distribution. Guantanamera SDFLA

Publish at Scribd or explore others: Wills and Trusts Business & Legal corporacion habanos guantanamera

Cuba's Declaration of Excusable Non-Use of a Trademark to Maintain Registrations in U.S.

Embargo? Yes. No Cuban products can be sold in U.S. However, most folks don't know that Cuba and Cuban entities can register their trademarks in the U.S. even though they can't sell products here. In order to maintain their U.S. trademark registrations they have to periodically file a "Declaration of Excusable Non-Use." It's ludicrous. Essentially, they can have a registration, never use it, and exclude American's and others who wish to use the mark in the U.S. from doing so. It's downright un-American, and I'm sick of it. Just try to do the same in Cuba. Just try it. Here's one example for Cuba's "LA CASA DEL HABANO". Lacasadelhabano Excusable Nonuse

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Altadis USA, Inc. Seeks Ext. of Time to Oppose Blunt Wrap USA, Inc.'s "MASTER"

Blunt Wrap seeks to register "MASTER" for use in connection with tobacco products, accessories, including rolling tobacco for cigars, rolling papers, etc...

Altadis has until April 14, 2009 to file an opposition. Altadis most likely filed the request for extension of time to file an opposition since it has an interest in "DUTCH MASTERS" for cigars. The trademark office records indicate that the "DUTCH MASTERS" trademark was registered by Consolidated Cigar Corp., but later assigned to Max Rohr, Inc. a subsidary of Altadis USA, Inc.

Check out www.bluntwrap.com

This Trademark Examiner Gets It Right - PINAR DEL RIO

A few weeks ago I posted information relating to the proposed trademark "PINAR DEL RIO." Amazingly, the trademark office granted registration to "PINAR DEL RIO" for use in connection with cigars. The registration issued a few months ago. Another company sought to register "PINAR DEL RIO 1941" but was refused registration because of the existence of the prior registration. In response to the refusal the owners of "PINAR DEL RIO 1941" argued that they would seek to cancel the new registration. Now, the trademark examiner assigned to the "PINAR DEL RIO 1941" application issued an office action letter which basically will support a Petition for Cancellation of the "PINAR DEL RIO" trademark on the grounds that the mark is primarily deceptively misdescriptive since the trademark refers to well know geographic region for tobacco. This is a perfect example of the discrepancy of results one gets when you file a trademark application. Trademark Examiners will have differing opinions on the registrability of trademarks. Pinar Del Rio 1941 Oa 30509

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KUBA KUBA - Drew Estate's Very Creative Response to Office Action

Drew Estate encountered a little trouble from the Trademark Office when it attempted to register "KUBA KUBA." Below is their very creative response to the Trademark Examiner's contention that the trademark is unregisterable because in his opinion the trademark is geographically deceptively misdescriptive of goods not coming from Cuba. KUBA KUBA

Publish at Scribd or explore others: trademark applicatio drew estate

Oliva Comes After Cigarmony's NUBBER Trademark Application

Oliva Cigar Co. recently filed a request for an extension of time to file a Notice of Opposition against Cigarmony, LLC's trademark application for NUBBER. While requests for extensions of time do not indicate which trademark is at issue (owned by the potential opposer), it is clear that Oliva is concerned about its NUB trademark.

The deadline for Oliva to file the Notice of Opposition is now April 19, 2009. Most likely counsel for Oliva and Cigarmony are talking turkey right now. If I was a betting man, expect Cigarmony to abandon their use and application for NUBBER.

Tuesday, January 13, 2009

2008 STATE CIGAR TAX RATES

2008 STATE CIGAR TAX RATES
(per the Federation of Tax Administrators Web site)

Alabama
4.0¢ per cigar

Alaska
75% of the wholesale price

Arizona
13.0-44.1¢ per cigar

Arkansas
32% of the manufacturer's price

California
45.13% of the wholesale price

Colorado
40% of the manufacturer's price

Connecticut
20% of the wholesale price

Delaware
15% of the wholesale price

Florida
No Tax

Georgia
23% of the wholesale price

Hawaii
40% of the wholesale price

Idaho
40% of the wholesale price

Illinois
18% of the wholesale price

Indiana
24% of the wholesale price

Iowa
50% of the wholesale price (50¢ per cigar cap)

Kansas
10% of the wholesale price

Kentucky
7.5% of the wholesale price

Louisiana
8-20% of the manufacturer's price

Maine
20% of the wholesale price

Maryland
15% of the wholesale price

Massachusetts
30% of the wholesale price

Michigan
32% of the wholesale price

Minnesota
70% of the wholesale price

Mississippi
15% of the wholesale price

Missouri
10% of the wholesale price

Montana
50% of the wholesale price

Nebraska
20% of the wholesale price

Nevada
30% of the wholesale price

New Hampshire
19% of the wholesale price

New Jersey
30% of the wholesale price

New Mexico
25% of the product value
Colorado
40% of the manufacturer's price

New York
37% of the wholesale price

North Carolina
3% of the wholesale price
Delaware
15% of the wholesale price

North Dakota
28% of the wholesale price

Ohio
17% of the wholesale price

Oklahoma
12-36¢ per cigar

Oregon
65% of the wholesale price (cap of 50¢ per cigar)

Pennsylvania
No Tax

Rhode Island
40% of the wholesale price (cap of 50¢ per cigar)

South Carolina
5% of the manufacturer's price

South Dakota
35% of the wholesale price

Tennessee
6.6% of the wholesale price

Kentucky
7.5% of the wholesale price

Texas
1.0¢ per cigar

Utah
35% of the manufacturer's price

Vermont
41% of the manufacturer's price

Virginia
10% of the wholesale price

Washington
75% of the wholesale price (cap of 50¢ per cigar)

Washington, D.C.
12% of gross receipts

West Virginia
7% of the wholesale price

Wisconsin
50% of the wholesale price (cap of 50¢ per cigar)

Wyoming
20% of the wholesale price

Sabor Havana Cigars' Upcoming Events in South Florida

SABOR HAVANA CIGARS

buy 3 Gran Habano cigars and get 1 FREE Gran Habano cigar with a raffle ticket.

The item we will be raffling the day of the event is a custom made Gran Habano humidor that will contain 80 premium cigars from our Cabinet Selection line. The cigars will come in 4 different sizes Gran Robusto 6x54, Robusto 5x52, Grand Consul 4 3/4x60, Churchill 7x48.

Event Date: February 27, 2009 & Raffle Day March 20, 2009 3pm- 6pm

Sabor Havana Cigars Coral Gables 2309 Ponce De Leon Blvd. Coral Gables, Florida

Event Date: Raffle Day April 3, 2009 5pm- 8pm

Sabor Havana Cigars Sunset 9891 Sunset Drive Miami, Florida

Event Date: Raffle Day April 17, 2009 5pm- 8pm

Sabor Havana Cigars Doral 2600 NW 87^th Ave Doral, Florida

Event Date: Raffle Day April 24, 2009 5pm- 8pm

Sabor Havana Cigars West Palm Beach 4530 PGA blvd. Palm Beach Gardens, Florida

President's Day ... yes, there is a Presidente Cigar

Word Mark	P PRESIDENTE CIGARS
Translations	The foreign wording in the mark translates into English as PRESIDENT CIGARS.
Goods and Services	IC 034. US 002 008 009 017. G & S: Cigars. FIRST USE: 19990100. FIRST USE IN COMMERCE: 19990100
Mark Drawing Code	(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code	01.03.03 - Stars grouped in circles, ovals, or geometric figures 05.15.02 - Laurel leaves or branches (borders or frames); Wreaths 26.01.09 - Circles having animals as a border; Circles having geometric figures as a border; Circles having humans as a border; Circles having objects as a border; Circles having plants as a border; Geometric figures, objects, humans, plants or animals forming or bordering the perimeter of a circle. 26.01.18 - Circles, three or more concentric; Concentric circles, three or more; Three or more concentric circles
Serial Number	78965798
Filing Date	September 1, 2006
Current Filing Basis	1A
Original Filing Basis	1A
Owner	(APPLICANT) Danli Tobacco Shop, Inc. CORPORATION FLORIDA 1935 W Flagler Street Miami FLORIDA 33135
Disclaimer	NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE CIGARS APART FROM THE MARK AS SHOWN
Description of Mark	Color is not claimed as a feature of the mark.
Type of Mark	TRADEMARK
Register	PRINCIPAL
Live/Dead Indicator	LIVE

Cigar Law

This Is This End ... My Only Friend The End ...

Thanks to "Electric Sheep"

What's 50% of Corporacion Habanos, S.A. Worth Today, 10 Years later ....?

CAO's Trademark Registration

Cigar Law on Dog Watch Cigar Radio

Vintagecigars.com

Not Cigar Related But ...

Cigar Law Back on Dog Watch Cigar Radio

TTAB Issues Notice of Default to United Tobacco Distributors

My Homeboy Marc Serota in Beverly Hills

Mid-Afternoon Viewing Pleasure ...

Corporacion Habanos' Consent Agreement with Empresa Cubana Del Tabaco

NUB Files Motion for Default Against Cigarmony

Thanks Pacific Cigar Co.

Smoking Hot Cigar Chick.com

The Smoking Hot Cigar Chick

Coffee Wars - "CUBITA"

Altadis USA Files Motion for Ext. of Time to Oppose "CENTARIO"

Thanks to UK Solicitor Peter Groves for the Link

Cigar Fight

Thanks for the link on CHARONQC.WORDPRESS.COM

Cuban Spies Indicted

Bidwell Cigar Co. Expressly Abandons CALLE OCHO

PATRON Tequila Files Opposition Against PADRON for Coffee etc.

What Trademark Lawyers Do In Their Free Time ...Click Image

TORPEDO ALE

TORPEDO v. IMPACT TORPEDO

Wow! Drew Estate Voluntarily Surrenders 5 year old Registration for "LA VIEJA HABANA"

Hottest Women In Cigar Industry

Nat Sherman Tobacconist Lindsay Heller ... in her own words ...

Cigar Law Interview on Dog Watch Cigar Radio

30 Year Trademark Filings with "CIGARS" as listed Goods

Great Event for A Great Woman

Great Interview of Jorge Armenteros of Tobaccionist University on Dog Watch Cigar Radio

Cuban Cigars Advertised in Smoke Magazine?

Paul Donovan with Elle McPherson

Elle McPherson with Lucky Trademark Attorney

Camacho's PURO MADURO

Camacho Cigars Appeals PTO's Denial of Trademark Registration for "PURO MADURO"

Smoke Magazine and www.solocigars.com Get the Gas Face

Cigar Event During INTA Meeting in Seattle

Meet the Bloggers Event in Seattle

Meet the Bloggers Event in Seattle

Cigar Law in Seattle, Love the City, But No Place to Smoke

Big Thanks and Shout Out to DogWatch Cigar Radio

Mea Cuba (Culpa)

New Case on Section 2(e)(3) Geographically Deceptively Misdescriptive Trademarks

CUBITA v. CUBITA CAFE CUBANO CUBAN COFFEE MOLIDO GROUND

Patron Spirits Int'l AG v. Piloto Cigars, Inc. "PADRON"

Life is Tough for Miami Beach Smokers

1919 Opinion re "LA FLOR DE LA ISABELLA"

Buy A Cigar Law Shirt, Or I'll Turn This Car Around Right Now!

NUB v. NUBBER; Opposition Filed

CUBITA v. CUBITA CAFE CUBANO CUBAN COFFEE MOLIDO GROUND

SILK DRAGON CIGARS

DRAGON

DRAGON v. SILK DRAGON - Notice of Opposition

MAGNATE CIGARS of Miami

Miami's Magnate Files Request for Ext Time to File Opposition

Track the Florida Bill - More Taxes on Cigars

Cuba's Trademark Applications/Registrations Subject to Attack for Illusory "Intent-to-Use"?

Drew Estate's 2004 Fight Between "LA VIEJA HABANA" and "LA VIEJA CUBANA"

Drew Estate's LA VIEJA HABANA

Drew Estate's Answer to Corporacion Habanos' Cancellation Action "LA VIEJA HABANA"

Havana 1959 Cigars in Miami Lakes

Cigar Law - Night at Havana 1959 Cigar Shop in Miami Lakes

Thanks Cigar Inspector

Puff.com

Puff.com Article - Indications of Origin

Hottest Women in Cigar Industry: Annia Vazquez and Chistrian Forcade of Forcade Cigars

Hottest Women in Cigar Industry: Amber Lee of Famous Smoke Shop

`FD > "20090000" and "cigars"[gs] WHAT THE HELL IS THIS?

Corporacion Habanos v. Santa Clara; SIGLO

La Caridad Del Cobre Cigars - Family Lechon Night

Fuente Marketing, Ltd. v. Starbuzz Tobacco, Inc.; "X ON THE BEACH"

Specimen submitted in support of trademark application

Absolutely Nuts - Has Nothing to Do With Cigars ...

Drop Us A Line - Maybe We'll Send You A Cigar Law T-Shirt

Empressa Cubana v. US Dept. Treasury, OFAC