RFBC

SMOKED OUT – Georgia Settlement Protects General Cigar’s Rights To Its COHIBA Trademark And Extinguishes Infringers’ Business


Published: January 8, 2008
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John Olsen and Owen McKeon, of RFBC, recently settled a contentious anti-counterfeiting trademark infringement suit that the firm filed on behalf of General Cigar in the United States District Court for the Southern District of Georgia. 

In the lawsuit, General Cigar alleged that the defendants, which included Southern Smoke, LLC, Corner Cigars Distributing, Inc., Big Dog Cigars, Seminole Cigar Factory, and others, infringed General Cigar’s COHIBA® trademark in violation of federal and state law by selling and distributing cigars bearing the COHIBA® name that were not manufactured by General Cigar.  The infringing cigars, commonly referred to as “yellow band COHIBA” cigars, were manufactured in the Dominican Republic.

As part of the settlement, General Cigar secured admissions that defendants had infringed on General Cigar’s COHIBA® trademark for cigars and defendants agreed to surrender for destruction approximately 10,000 yellow band COHIBA cigars.  The defendants also agreed to cooperate with General Cigar in its ongoing efforts to identify sources of infringing COHIBA cigars in the United States.  Finally, the defendants agreed to a permanent injunction against the sale, marketing, distribution or other use of the COHIBA® name in the United States on goods not manufactured by General Cigar and agreed to pay General Cigar a cash payment of an undisclosed amount.

RFBC spearheaded the effort to identify, investigate, and pursue legal relief against the defendants in the litigation and continues to oversee General Cigar’s trademark enforcement and anti-counterfeiting task force. In the company’s press release, Daniel Nunez, President of General Cigar, stated, “We are very pleased with the outcome of this matter, because it further reinforces that General Cigar is the exclusive owner of the COHIBA® brand of cigar in the United States.  This case is another step in our ongoing efforts to stop the sale and marketing of cigars which infringe upon our federally protected trademark rights.”

RFBC is a litigation boutique with a nationwide practice located in Newark, New Jersey.  If you would like additional information about the successful result reached in this case, please contact Owen McKeon or John Olsen at (973) 848-2100.