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ALTADIS U.S.A. WINS TRIAL DECISION FOR MONTECRISTO
TRADEMARK
Altadis U.S.A. Inc., the world’s largest manufacturer of premium cigars,
has scored another victory in its ongoing effort to reinforce a zero-tolerance
policy against cigar counterfeiting and trademark infringement. Cuban
Cigar Brands, N.V., a subsidiary of Altadis U.S.A., recently won a
trial decision in favor of its famous Montecristo trademark in a case
against Inter America Cigar Co. The Trademark Trial and Appeal Board
held there is a likelihood of confusion between Cuban Cigar Brands’
“Montecristo” mark for use in connection with cigars (and a wide variety
of additional goods and services) and Inter America Cigar Company’s
“Primo del Cristo” mark for use in connection with cigars.
The Board found a likelihood of confusion based upon the strength
of the renowned Montecristo trademark, the fact that the Primo del
Cristo and Montecristo cigars would likely be sold in the same channels
of trade, and the fact that the Primo del Cristo trademark contains
elements reminiscent of designs already registered by Cuban Cigar
Brands in connection with its Montecristo trademarks.
The Board also reasoned that consumers would likely be confused into
believing that Primo del Cristo is a new brand offered as a “first,”
“leading,” “excellent,” or “superior” line of Montecristo cigars,
given Cuban Cigar Brands’ many embellishments of the Montecristo trademark
and the practice in the cigar industry to create derivatives of signature
cigar lines.
The Grimes & Battersby law firm handled the case for Cuban Cigar Brands.
NOTICE TO THE TRADE
Altadis U.S.A. is strongly committed to the vigorous enforcement of
its trademark rights and will seek criminal prosecution of anyone
who would violate those rights. Altadis U.S.A. continues to work with
state and federal law enforcement officials to use anticounterfeiting
laws to secure convictions of counterfeiters of our brands.
If we learn that any importer, distributor, retailer or other member
of the Trade is dealing in counterfeit cigars or cigar packaging,
we will proceed against the offender aggressively through civil and/or
criminal channels.
In addition to criminal prosecution, in appropriate cases, we will
invoke the civil provision of the federal trademark law that allows
courts to award trademark owners like Altadis U.S.A. up to $1 million
in statutory (non-compensatory) damages per counterfeited mark, as
well as their attorney’s fees. We have been awarded damages and attorney’s
fees of $1 million to $2.25 million in such cases.
Altadis U.S.A. also continues to work successfully with U.S. Customs
to arrange for the seizure and destruction of shipments of counterfeit
cigars and packaging materials. Members of the Trade who have paid
for cigars that turn out to be counterfeits and are thus seized by
U.S. Customs should be aware that in such circumstances they will
find themselves without recourse - counterfeiters do not refund monies
nor are they in a position to make good with legitimate product with
the quality and prestige of Altadis U.S.A.’s brands.
Altadis U.S.A.’s brands include, among others: Montecristo, H. Upmann,
Romeo y Julieta, Trinidad, Don Diego, Santa Damiana, Cabanas, Por
Larrañaga, La Corona, Saint Luis Rey and Quintero.
We caution the Trade against engaging in illegal activity in violation
of our rights in any of our brands and ask you to inform us immediately
if you receive a solicitation for products that violate our rights.
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