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Old 01-03-2011, 11:40 PM   #5
Neens
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Join Date: Dec 2010
First Name: Anthony
Location: Orange, CT
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Default Re: Cuban Cigar Company Sues Michigan Cigar Shop

Quote:
Originally Posted by MarkinCA View Post
I love the idiotic comment "and the potential for confusion seems real." I don't see any confusion what so ever between the names myself. So I'm wondering where the piss ant country of Cuba gets off by filing a frivolous lawsuit?

More important, I would think that some State and/or Federal statute would have tolled by now, since Mr. Houmani has been using an independant name for his businesses during the past 10 years.

It will be interesting to see what steps Mr. Houmani's commercial insurance carrier will take in this matter...
I'm with you on the confusion part. The cuban owned shops can't open on US soil so there can't be any confusion. But it doesn't matter how long Mr. Houmani has been in business, all the matters is who the trademark was granted to first. You could be running a business for 30 years and I opened last week with the same name, if I get a federal trademark and you haven't filed for one I can start up a law suit which would make you close or change your name.
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