Despite a setback in the US Supreme Court, Cuban cigar company Cubatobaco, the Cuban cigar company, announced today that it will continue to fight for the rights to the Cohiba trademark in the United States.

Cohiba is Cuba's most renowned cigar brand, but cannot be sold in the US because of the US economic, commercial and financial blockade against Cuba.
Cubatabaco made its announcement in response to the US Supreme Court's 19 June 2006 order denying review of a lower court ruling that, in the absence of specific US government permission, the US blockade bars Cubatabaco from obtaining judicial protection of its Cohiba trademark in the United States. Cubatabaco will now pursue its pending application for US government permission from the Treasury Department's Office of Foreign Assets Control, which administers the US blockade.
In its amicus curiae brief filed in the Supreme Court, the United States specifically acknowledged that Cubatabaco could pursue this option. If granted, US government permission would allow Cubatabaco to seek judicial protection for its Cohiba trademark despite the blockade.
Cubatabaco is attempting to stop General Cigar, a major US cigar company, from using the Cohiba trademark for cigars in the US. In April 2004, Judge Robert W. Sweet, of the United States District Court in New York, issued a judgement in Cubatabaco's favour, after finding that the Cuban Cohiba was "famous" among US consumers before General Cigar began using the trademark. Without reaching the merits of Judge Sweet's ruling, the court of appeals in New York vacated the district court judgement on the ground that a US government license was needed to grant relief to Cubatabaco.
In seeking US government permission, Cubatabaco will emphasise the United States' international obligations to protect 'well-known' trademarks, such as Cohiba, under the Paris Convention for the Protection of Industrial Property, a multilateral treaty, and TRIPs, a WTO agreement. Cubatabaco will also emphasise reciprocity: Cuba has permitted hundreds of US companies to register and maintain over 5,000 trademarks in Cuba. (ci)