General Cigar Company's Cohiba
With the nationalization of the Cuban tobacco industry along with other businesses after the Cuban Revolution, many cigar makers fled the island and began growing tobacco in the Dominican Republic, Honduras, and Nicaragua, taking the brand names of their cigars with them. The Cuban industry contended that the brand names were the property of the nation, however, and parallel use of the same brand name resulted.[10] Additionally, post-revolutionary trademark uncertainty and a U.S. embargo against all Cuban goods made possible the relaunch of other Cuban brand names by private companies in other countries.
The General Cigar Company, a private firm having no relation whatsoever to the Cuban cigar industry, first registered the name Cohiba in the United States in 1978 and subsequently began selling cigars under the Cohiba brand in that country in the 1980s. Manufacture and sales of General Cigar's brand was significantly expanded during the 1990s cigar boom, with General Cigar's product known colloquially as "Red Dot Cohiba," owing to the red dot in the middle of the "O" in "Cohiba" on its bands and boxes.
In response to General Cigar's use of the Cohiba name, Cubatabaco, the government-run company in charge of cigars, and half-owner of Habanos SA along with Altadis SA, launched a long-running legal campaign to have General Cigar's trademark revoked.
The legal dispute was resolved on June 19, 2006, when the U. S. Supreme Court [ denied] Cubatabaco's petition. As a result, the February 2005 decision of the U. S. 2nd Circuit Court of Appeals (Docket #04-2527), which confirmed General Cigar Company's exclusive ownership of the Cohiba trademark in the United States, is final.[11] The General Cigar-made Cohiba cigars now have a disclaimer on boxes that they are not affiliated in any way with the Cuban brand.
However, the United States government, in an amicus curiae brief filed in the Supreme Court, acknowledged that Cubatabaco could request U.S. government permission for judicial protection of the brand from the Department of the Treasury's Office of Foreign Assets Control, which administers the U.S. embargo. Cubatabaco has stated that they intend to pursue this course of action.
In a November 1992 interview, director of Cubatabaco Francisco Padrón indicated that in the event the American embargo of Cuban products were ended, return of the Cohiba brand name to Cubatabaco would be a prerequisite for any future distribution agreement with General Cigar Co. "The first condition is that they must pass the brand name to us. This is the first condition. Immediately. If not, forget about it," Padrón declared.[9]
On February 25, 2015, the U.S. Supreme Court handed Cuba a victory over its cigar litigation. The U.S. Supreme Court declined to intervene in a long-running battle between a U.S. and Cuban company over the Cohiba cigar trademark. By refusing to hear an appeal, the country's highest court leaves intact a ruling in favor of the Cuban firm.
Due to a U.S. trade embargo with Cuba, Cubatabaco cannot sell its Cohiba cigars in the United States while they are sold worldwide and in Cuba. U.S. company General Cigar sells its Dominican Republic-produced Cohiba cigars in the US. The legal dispute is over whether the Cuban company has the right to challenge General Cigar's trademark in the US, despite the embargo, as reported by Agence France Presse.
General Cigar obtained a U.S. registration for Cohiba in 1981 and a second registration in 1995. Cubatabaco had the trademark registered in Cuba in 1972. In the late 70s, it began registering the logo outside Cuba – in 115 countries – but was prohibited from selling merchandise in the U.S. by the Cuban Assets Control Regulation (CACR). In the case, Cubatabaco argued the CACR not only prevented the company from selling in the US, but also prevented it from challenging General Cigar's registrations.
In June 2014, the U.S. Court of Appeals for the Federal Circuit ruled in favor of the Cuban company by giving it standing to seek a cancellation of the registrations that block its own ability to register trademarks. The case will now move forward to the Trademark Trial and Appeal Board.
The challenge comes two months after President Obama announced in December that he planned to loosen some of the US-Cuba restrictions, including the easing of the decades-long trade embargo.
Under an easing of travel restrictions between the U.S. and Cuba, American visitors will be able to buy and take home as many as 100 cigars.[12]
In 2023, the first-ever box pressed Cohiba called "Rivieria" consisting of six-region blend was released in the US[13]
Cohiba Rivieria made its inaugural debut at a Kentucky Derby 2023 week event featuring Bourbon expert Tom Fischer and Cohiba National Brand Ambassador and cigar blender Sean Williams. [14]