NEW YORK (CN) – Although a cigar company was found not to have committed trademark infringement, it doesn’t mean the trademark owner cannot bring other court actions against it, the 2nd Circuit ruled.
The district court ruled that General Cigar’s COHIBA brand did not infringe on Empresa Cubano del Tabaco’s trademark.
General Cigar then moved that the district court dismiss Empresa’s petitions to cancel General’s registration of the COHIBA brand and to claim the trademark for itself.
The district court denied General Cigar’s motion, and the circuit court agreed in a per-curiam opinion.
The court ruled that General’s request “essentially amounts to a claim that because the district court adjudicated a case in a certain way, there is nothing left for the Patent and Trademark Office to decide.”
The circuit ruled that the district court made the right decision in letting the PTO decide Empresa’s other petitions.