The appeals court concluded that Cuban-government-owned Cubatabaco’s argument that a change in a law justified re-opening this case was “without merit” and restored the U.S. Court of Appeals’ ruling in 2005 in favor of General Cigar over Cubatabaco.
In various court opinions beginning in late 2008 and into early 2010, the U.S. District Court for the Southern District of New York ruled that there were changes to New York State Unfair Competition law that provided Cubatabaco the basis to re-open this case. Yesterday’s Appeals Court decision overturned the lower court’s rulings.
Cubatabaco first filed suit against General Cigar in 1997, claiming rights to the Cohiba name in the United States under U.S. law, although Cubatabaco had failed to take any legal action against General Cigar for nearly 20 years.
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