This ruling was tied to the Trademark Trial and Appeal Board decision from 2022. That decision canceled General’s two US Cohiba trademarks and will be upheld. The judge dismissed the current case. While it’s tough to keep score, this particular suit was filed in 2023. General was attempting to reverse the 2022 decision.

According to the courts, “Because the Court finds that Cubatabaco has established that the TTAB’s cancellation of General Cigar’s registrations was proper under Article 8 of the Inter-American Convention (IAC) and that the Cuban Assets Control Regulations do not prohibit such cancellation, General Cigar’s requested relief will be denied and its Amended Complaint will be dismissed without prejudice.”

General lost the case.

What does this mean for General Cigar Company and US-made Cohibas?

Will General cease production of the red-dot Cohibas and stop selling them? No, probably not. Fans of the brand don’t have anything to worry about, for now.

Régis Broersma, the Chief Commercial Officer of Scandinavian Tobacco Group — who owns General — says that they are “disappointed by this decision.” But this isn’t the end of the legal fight.

They will now “study the ruling closely.” That’s customary with legal matters of this kind. The team will also “consider the opportunity to appeal to the U.S. Court of Appeals for the Fourth Circuit.”

“Our federal trademark registrations, which are the subject of the dispute, would remain valid and enforceable during a pending appeal. We expect the long dispute to continue before the courts.”

This ruling specifically concerns federal trademark registrations. It doesn’t have any bearing on General Cigar’s common law trademark rights. In other words, Cohiba cigars will continue to be available from the company.

The post Latest ruling on Cohiba versus Cohiba: Judge dismisses General Cigar’s lawsuit appeared first on The BS Lounge.

Cuban Cohibas

Made by Habanos S.A., the Cuban organization that handles the country’s state-run cigar market, Cuban Cohibas are some of the most popular in the world. They’re also the Cubans that many talk about, particularly when it comes to finding authentic-made cigars — the labels are iconic.

USA Cohibas

Made by General Cigars, the U.S. trademark covers the local Cohiba brand, which is only similar in name. You can tell the difference, because non-Cuban Cohibas have a red dot or “O” somewhere on the label.

Cohiba versus Cohiba: They’re locked in a years-long trademark battle

Source: Briley Kenney / The BS Lounge

Although it has been ongoing for years, we’re finally starting to see some impactful decisions happening in the Cohiba versus Cohiba battle — which is realistically between General and Cubatabaco. In December 2022, the United States Trademark Trial and Appeal Board canceled General Cigar Company’s two Cohiba trademarks in the U.S.. General filed an entirely new appeal, which is some of what we’re seeing now.

In December 2024, the courts ruled in favor of the Cuban brand. But the fight has been ongoing since the late 90s. The legal battle is between General Cigar Company and Cubana del Tabaco (Cubatabaco). Each wants the rights to use the trademark within the United States.

If Cubatabaco wins, General will be forced to give up the Cohiba name and stop selling products under that moniker in the United States. It’s not likely that will happen anytime soon, if at all. For now, nothing has been concrete and both brands continue to exist. Although, you still can’t legally buy Cuban Cohibas within the U.S.

How did this happen?

Source: Briley Kenney / The BS Lounge

The “Cohiba” brand, which is really the word “Cochiba” and means tobacco in Taino, is the basis for this legal argument. Originally, Cohiba cigars were privately produced for Fidel Castro’s chief bodyguard, but after trying one, Castro fell in love and had them commissioned as his personal cigar. The brand was formally launched in 1968, headed by Cubatabaco, the Cuban state’s tobacco marketing bureau.

For years, they were unavailable publicly unless Castro gifted you a cigar. In 1982, the brand made them publicly available — to celebrate the 1982 World Cup in Spain — but only in select locations. Eventually, they became more widely available and, as you likely recognize now, world-renowned.

The Cuban embargo in the 1960s made them virtually impossible to find here in the states. General Cigar Company, a private firm with no relation to the Cuban cigar industry, took the opportunity to register the name Cohiba in the United States — in 1978. These are the Red Dot Cohibas you know today. Not long after, Cubatabaco and Altadis SA launched a legal battle against General involving the Cohiba name trademark.

One of the primary arguments General has made throughout the legal battle is that Cubatabaco and Cuba allowed the trademark to lapse due to non-usage in the 1970s when the cigars weren’t publicly available. The courts did not agree with this and ruled in Cuba’s favor, saying the noncommercial distribution was irrelevant.

In 2006, the U.S. Supreme Court denied Cubatabaco’s petition. But more legal events have happened since, including the recent rulings.

The U.S. Cohibas are essentially ‘New World’ cigars

Source: Tim Stief / Unsplash

During the Cuban exodus there was a mass emigration of Cubans from the island following the Cuban Revolution in 1959. Many tobacco makers fled and spread out across the southern regions. Those fleeing were also able to escape with Cuban tobacco seed and started growing elsewhere. This created a divide in the history of cigars, if you will. Old school cigars — and those still grown in Cuba — were classed as authentically Cuban. The new cigars were referred to as ‘New World’ cigars, which is where the term comes from today.

That means, U.S.-made Cohibas are new world cigars, versus the genuine Cubans. Cuban tobacco is well known for its smooth offerings and distinct twang, a unique flavor that only Cuban-grown tobacco can provide — or so it’s claimed. New World cigars are generally stronger, bolder, and tend to be associated with a more harsh experience, although that’s both subjective and wildly generalized these days.

I’m not here to debate the semantics. The point is that the two brands are different, and depending on which type of cigar you’re smoking, you’re going to have a different experience, too. U.S.-made Cohibas from General are obviously much more accessible, and carried by pretty much every cigar shop or lounge in the country. Proper Cubans, however, are tough to find, though maybe someday that will change.

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