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Fed. Circ. Favors Cubatabaco In Long-Running Cohiba IP Row

Law360, Los Angeles (June 4, 2014, 7:27 PM EDT) -- The Federal Circuit on Wednesday granted Cubatabaco a win in its long-running dispute over the use of the Cohiba mark in the U.S., with former Chief Justice Randall R. Rader's majority opinion saying Cubatabaco could try to cancel General Cigar Co. Inc.'s trademark registrations.

Vacating and remanding the Trademark Trial and Appeal Board’s grant of summary judgment to General Cigar, the Federal Circuit held Cubatabaco has a statutory cause of action under the Lanham Act after sufficiently arguing it is damaged by General Cigar's registrations blocking an application by Cubatabaco to register Cohiba.

The board had said Cuban state corporation Cubatabaco...

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Appellate - Federal Circuit

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June 24, 2013

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