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Reuters: Biden signs US law barring 'stolen' Cuba-owned trademarks

December 4, 2024 5:11 PM · By Gizmo

Bacardi, which was exiled from Cuba after the country's Communist revolution, said that the Cuban government unlawfully seized the Havana Club name and assets from Jose Arechabala SA in 1960. Bacardi bought Jose Arechabala's brand and started selling Havana Club rum in the United States in 1995. Cubaexport first registered its U.S. "Havana Club" trademark in 1976.

This legal fight between Bacardi and Cuba began twenty years ago and has ended with the floodgates opening for even more confusion with authentic Cuban cigars and marks. Will General Cigar be releasing a Cohiba BHK or Partagás Serie line in the US market soon? They'd probably be wise to - including lifting bands, boxes and other marks from the Cuban counterparts since they're no longer protected. Why not?

Ex-US, however, Habanos S.A. has been very successful defending its trademarks. In April, a German court banned the use of the words "Cuba" and "Habano" in non-Cuban tobacco product descriptions¹. While Germany is only a piece of the European market, it would be a costly venture to distinguish product packaging and marketing for Germany alone - making this decision far-reaching.

¹ https://www.habanos.com/en/news/german-federal-court-of-justice-confirms-in-final-judgment-that-appellations-such-as-cuba-and-habana-are-inadmissible-for-cigars-of-other-origins/