Cohiba vs. Cohiba: a battle of trademarks at the Trademark Trial and Appeal Board

Are you familiar with the recent dispute between Cohiba and Cohiba? It’s a tale that reads like a legal drama, with twists and turns that left even the most seasoned legal professionals reeling.

The backstory of the case dates back to 1963, when General Cigar Co. registered the COHIBA mark for cigars sold in the United States, while a Cuban company, Empresa Cubana del Tabaco, registered the same mark in Cuba. Over the years, the two companies have been engaged in various legal battles, including a lawsuit that went all the way to the U.S. Supreme Court.

In this particular case, the TTAB found that the Cuban company’s mark had acquired distinctiveness in the United States through sales to American visitors to Cuba and was entitled to protection under the Lanham Act. The TTAB also determined that General Cigar Co.’s use of the mark was likely to cause confusion with the Cuban company’s mark, leading to the cancellation of General Cigar’s registration.

This decision has significant implications for businesses that deal with trademarks, especially those in the tobacco industry, and it highlights the importance of ensuring that any trademark used by a business is properly registered and protected within the United States.