RFBC

RFBC Attorneys Obtain Summary Judgment Win in General Cigar Co., Inc.'s Trademark Infringement and Counterfeiting Suit


Published: August 28, 2008
Print    Email

RFBC ATTORNEYS OBTAIN SUMMARY JUDGMENT WIN IN GENERAL CIGAR CO., INC.’S TRADEMARK INFRINGEMENT AND COUNTERFEITING SUIT RELATING TO “COHIBA Caribbean’s Finest” CIGARS AND RUM

Owen McKeon, member of RFBC, recently argued for and  obtained a summary judgment ruling on behalf of General Cigar Co., Inc., thus ending a lengthy anti-counterfeiting trademark infringement litigation that General Cigar brought in the United States District Court for the District of Nevada in 2006.

In the lawsuit, General Cigar alleged that the defendants infringed and diluted General Cigar’s COHIBA® trademark in violation of federal and state law by selling and distributing cigars and rum bearing the COHIBA® name that were not manufactured by General Cigar.  The defendants’  infringing cigars and rum bore the name “COHIBA Caribbean’s Finest.” 

Following the close of discovery, Owen McKeon and fellow RFBC attorney Anna Johansson Vecchi, prepared and submitted General Cigar’s brief in support of its motion for summary judgment.  General Cigar moved on its claims for trademark infringement, dilution, counterfeiting, unlawful importation, unfair competition and cybersquatting.  The District Court granted General Cigar’s motion and awarded it a permanent injunction, compensatory and treble damages totaling more than $750,000 and attorneys’ fees.

According to Gerry Roerty, vice president and general counsel of General Cigar: “As the only legitimate owner of the COHIBA® mark in the U.S., we were confident that we would prevail in this case. We believe that the District Court of Nevada’s ruling sends a strong message to those who continue to make false representations to consumers regarding the COHIBA® brand.”

RFBC continues to represent General Cigar with its efforts to identify, investigate, and eliminate counterfeiting and infringement of the company’s cigar brands.  In addition to litigating on behalf of General Cigar, the firm oversees the company’s trademark enforcement and anti-counterfeiting task force.

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 Anna Johansson Vecchi at (973) 848-2100.