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-   -   Cuban Merch Illegal? (http://www.cigarasylum.com/vb/showthread.php?t=22799)

Footbag 10-08-2009 05:01 PM

Cuban Merch Illegal?
 
I've had this thought about certain Cuban merchandise after being gifted a Cohiba T-shirt from Cuba.

We've all seen Cuban brand merchandise being sold in our local B&M's. Cohiba ashtrays, etc... We'll I'm assuming they're not from Cuba, given the embargo. But the alternative choice would be a copyright violation. A similar violation to manufacturing a knock-off Louis Vuitton purse. In other words, it's likely that all Cuban merch is illegal regardless of where it's produced.

Don't worry, I'm not going to turn you in. Just the way my crazy mind works. Given the fact that even Wal-Mart occasionally finds itself with some Cuban goods, I wonder how many of the domestic ashtrays are actually "embargo ashtrays". What are your thoughts?

pnoon 10-08-2009 05:08 PM

Re: Cuban Merch Illegal?
 
Quote:

Originally Posted by Footbag (Post 590978)
I've had this thought about certain Cuban merchandise after being gifted a Cohiba T-shirt from Cuba.

We've all seen Cuban brand merchandise being sold in our local B&M's. Cohiba ashtrays, etc... We'll I'm assuming they're not from Cuba, given the embargo. But the alternative choice would be a copyright violation. A similar violation to manufacturing a knock-off Louis Vuitton purse. In other words, it's likely that all Cuban merch is illegal regardless of where it's produced.

Don't worry, I'm not going to turn you in. Just the way my crazy mind works. Given the fact that even Wal-Mart occasionally finds itself with some Cuban goods, I wonder how many of the domestic ashtrays are actually "embargo ashtrays". What are your thoughts?

My thought, and this is by no means an expert opinion, is that if the shirt, ashtray etc. is manufactured in, let's say, China, then there is no violation of the embargo.

Just my interpretation. I could be dead wrong.

Footbag 10-08-2009 05:10 PM

Re: Cuban Merch Illegal?
 
Quote:

Originally Posted by pnoon (Post 590985)
My thought, and this is by no means an expert opinion, is that if the shirt, ashtray etc. is manufactured in, let's say, China, then there is no violation of the embargo.

Just my interpretation. I could be dead wrong.

Yes, but what about copyright violation?

pnoon 10-08-2009 05:10 PM

Re: Cuban Merch Illegal?
 
Quote:

Originally Posted by Footbag (Post 590987)
Yes, but what about copyright violation?

I have no clue.

Wharf Rat 10-08-2009 05:16 PM

Re: Cuban Merch Illegal?
 
When Castro took over Cuba, they nationalized the cigar industry. Many of the owners fled and started new businesses in Central America. So, the expatriates claim that they continue to own the trademarks. Cuba, of course, thinks they do.

If the embargo gets lifted, it will end up in the courts.

boonedoggle 10-08-2009 05:18 PM

Re: Cuban Merch Illegal?
 
Everytime I've gone overseas (mostly in 3rd world countries) I've seen blackmarket Nike, Reebok, etc clothes...and just about every other popular "Western" merch. I don't think they give a whole lot of merit to copyright, nor Trademark, if they can make a living doing do.

dinder1 10-08-2009 05:53 PM

Re: Cuban Merch Illegal?
 
I have several Habanos ashtrays, but if you look on the bottom of them they say....
Porcelanos
Bidasoa
Spain
Para
Habanos S.A.

So they are actually made in Spain for Habanos S.A. That is legal enough for me.:D

Footbag 10-08-2009 06:16 PM

Re: Cuban Merch Illegal?
 
Quote:

Originally Posted by dinder1 (Post 591074)
I have several Habanos ashtrays, but if you look on the bottom of them they say....
Porcelanos
Bidasoa
Spain
Para
Habanos S.A.

So they are actually made in Spain for Habanos S.A. That is legal enough for me.:D

You answered my question!:tu

dinder1 10-08-2009 06:46 PM

Re: Cuban Merch Illegal?
 
Quote:

Originally Posted by Footbag (Post 591111)
You answered my question!:tu

Glad I could help.;)

N2Advnture 10-08-2009 06:49 PM

Re: Cuban Merch Illegal?
 
Quote:

Originally Posted by pnoon (Post 590985)
My thought, and this is by no means an expert opinion, is that if the shirt, ashtray etc. is manufactured in, let's say, China, then there is no violation of the embargo.

Just my interpretation. I could be dead wrong.

True

Quote:

Originally Posted by Footbag (Post 590987)
Yes, but what about copyright violation?

Yes but by the US company that holds the trademark (General Cigar)

BroncoHorvath 10-08-2009 06:54 PM

Re: Cuban Merch Illegal?
 
Quote:

Originally Posted by dinder1 (Post 591074)
I have several Habanos ashtrays, but if you look on the bottom of them they say....
Porcelanos
Bidasoa
Spain
Para
Habanos S.A.

So they are actually made in Spain for Habanos S.A. That is legal enough for me.:D

That's the real thing you've got. It's the same ashtray they sell in Cuba...

dinder1 10-08-2009 07:03 PM

Re: Cuban Merch Illegal?
 
Quote:

Originally Posted by BroncoHorvath (Post 591173)
That's the real thing you've got. It's the same ashtray they sell in Cuba...

Yep, I have three that I purchased about eight years ago.
Habanos 2000
Festival Del Habanos 2000
Cohiba Aniversario 35 1966-2001

I love and use these guys on a daily basis.

mykeuva 10-11-2009 10:07 PM

Re: Cuban Merch Illegal?
 
Most of the Cuban brands lost US copyrights to either people that left cuba, or to companies in the US looking to get rights in the name. Every time Cuban companies have tried to challenge their copyrights in US courts post Castro, they have lost to noncuban copyright holders.

That's why you see a Cohiba from the DR, as well as a Cohiba from Cuba. The Cohiba from the DR isn't infringing on a copyright in the US if they make cigars, ashtrays with logos, TShirts with logos, etc., b/c they're the ones who actually hold the US copyright (I believe it's General Cigar that owns it), and not the Cuban company.

Wharf Rat 10-11-2009 10:30 PM

Re: Cuban Merch Illegal?
 
Quote:

Originally Posted by mykeuva (Post 595665)
Most of the Cuban brands lost US copyrights to either people that left cuba, or to companies in the US looking to get rights in the name. Every time Cuban companies have tried to challenge their copyrights in US courts post Castro, they have lost to noncuban copyright holders.

That's why you see a Cohiba from the DR, as well as a Cohiba from Cuba. The Cohiba from the DR isn't infringing on a copyright in the US if they make cigars, ashtrays with logos, TShirts with logos, etc., b/c they're the ones who actually hold the US copyright (I believe it's General Cigar that owns it), and not the Cuban company.

The interesting thing is that Altadis owns some of the Trademarks like Montecristo in the free world and also owns a large stake in the Cuban cigar industry. So, they're on both sides.

coolfrenz28 10-14-2009 02:58 PM

Re: Cuban Merch Illegal?
 
cubans are now universally accepted it has its impact all over the world... it is popular in the world.. i am a die hard fan of cubans cigar ...and can go to cuba to buy it..
it is fabulous...
Enjoy...


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