Cuban Cigar Company Sues Michigan Cigar Shop

[Blueface]

Originally Posted by TheRiddick

Would like to know who contacted whom (made the first phone call), the NY lawyer or someone in Cuba, in deciding to pursue this. Business must be slow for NY lawyers? If I am open for 10 years now, shouldn't this weigh in on the case since Cuba was not pursuing the name infringement when the place opened?

Better yet, how dare they try to use our courts to uphold infringement of trade names when they illegally seized the cigar companies from their rightful owners.

[TheRiddick]

Originally Posted by Blueface

Better yet, how dare they try to use our courts to uphold infringement of trade names when they illegally seized the cigar companies from their rightful owners.

Unfortunately, not many judges these days are schooled in history and morals... Would be nice to see the judge ask plaintiffs to produce documentation proving that Cuba compensated the families whose businesses were seized in order to validate today's infringement claims as legal and enforceable. But I know the judge won't...

[HK3-]

Wow, just wow.

[MarkinAZ]

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...

[Neens]

Originally Posted by MarkinCA

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.

[TheRiddick]

Originally Posted by Neens

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.

Not sure about that, at least not based on last 10 years' worth of court cases. In theory that may be true, but only in theory. Operating under a name establishes your "trademark" whether you filed for one or not. It doesn't make much effort to prove to courts that you have been operating under Name X for 30 years and no matter if someone else just opened and trade marked the name, the name is still yours and your customers know you under that name. Whether you filed for a trademark or not, you used it first. It will cost you to fight it, but you'll win (and may counter sue to recoup your legal costs as well).

Take a look at internet domain names property rights, the courts have settled that issue some time ago. Only because I registered domain name under apple.com (or any other well known name) does not make it mine.

[MarkinAZ]

Originally Posted by TheRiddick

Operating under a name establishes your "trademark" whether you filed for one or not. It doesn't make much effort to prove to courts that you have been operating under Name X for 30 years and no matter if someone else just opened and trade marked the name, the name is still yours and your customers know you under that name. Whether you filed for a trademark or not, you used it first. It will cost you to fight it, but you'll win (and may counter sue to recoup your legal costs as well)....

That is exactly the direction I was thinking of, in that Mr. Houmani has been using the name "La Casa De La Habana" for the last 10 years, and has established precedent and/or ownership and use of the business name.

I'm sure if we have some BOTL's/SOTL's who's JD and expertise is in this area, some case law would be interesting for them to provide here on this thread...

La Casa De La Habana translates to "The House of Havana" and La Casa del Habano tranlates to "The House of the Havana Cigar."