United States Federal Circuit
Empresa Cubana del Tabaco v. General Cigar Co., Inc., 2013-1465
The decision of the Trademark Trial and Appeal Board granting summary judgment to defendant on the basis that plaintiff, a Cuban company, lacks standing to seek cancellation of defendant's two registrations for the trademark COHIBA, is vacated and remanded, where: 1) plaintiff has a statutory cause of action under the Lanham Act to petition the Board to cancel the Registrations; and 2) issue and claim preclusion do not bar plaintiff's Amended Petition to cancel the Registrations.
Appellate Information
- Decided 06/04/2014
- Published 06/04/2014
Judges
- RADER
Court
- United States Federal Circuit