German Federal Court of Justice confirms in final judgment that appellations such as “CUBA” and “HABANA” are inadmissible for cigars of other origins
Corporación Habanos, S.A., a global leader in the marketing of premium cigars, is pleased to announce that the German Federal Court of Justice has ruled that the use of the geographical appellations of origin “CUBA” and “HABANA” and their derivatives FOR TOBACCOS OF OTHER ORIGINS ARE INADMISSIBLE¨. The cassation appeal filed by the defendant has been dismissed and, as a consequence, the favorable judgment previously rendered by the Munich Higher Regional Court is final, which means that no further appeal is possible in these proceedings.
The lawsuit was triggered by the unauthorized and misleading use of specific terms and expressions on the part of the Respondent such as: ‘Habano Seed’, ‘Piloto Cubano’, ‘Habano Wrapper’, ‘Ecuadorian Habano Wrapper’, ‘Ecuadorian Habano Seed Wrapper’, ‘Cubra – the noble fire of Cuba: Criollo’ or ‘Binder Habano Jalapa – Nicaragua’ for non cuban tobaccos. The central question in this legal dispute was whether geographical indications, such as ‘Cuba’ or ‘Habana’ -or indications derived from them- used to distinguish Cuban cigars may be used for cigars from a different origin, especially if the true origin is ‘delocalised’ and indications such as Ecuador or Nicaragua are used.
Corporación Habanos, S.A., took decisive legal action in 2020 to address the false or misleading use of Cuban-protected appellations of origin for cigars from different origins. After the Regional Court of Munich upheld the claim in full and the Higher Regional Court of Munich dismissed the appeal filed by the defendant in the second instance, the Federal Court of Justice has now rejected the appeal filed by the defendant, which was based on points of law that the Higher Regional Court of Munich had not accepted. Therefore, the judgment of the Munich Higher Regional Court is now final, and no further appeal is possible.
According to the conclusions of both courts, appellations such as: ” Habano Seed “, “Piloto Cubano”, or ” Habano Wrapper” deceive consumers and undermine the reputation of the geographical indications: “Cuba” and “Habana”, regardless of whether they include additional indications such as “from Ecuador” or “Jalapa – Nicaragua”. Likewise, the Higher Regional Court of Munich argued in its judgment that the defendant, by using the terminology in dispute, is taking undue advantage of the protected appellations of origin “Cuba” and “Habana” and of their reputation to transfer the concept, image and prestige to products from a different origin.
After years of litigation, both Habanos, S.A. and 5th Avenue Products Trading-GmbH—the official distributor of ¨Habanos¨ in Germany and official importer of Mini Cubanos (machine made tobacco)—agree that advertising cigars of non-Cuban origin with claims of containing “Cuban seeds” is of little help to cigar smokers. Tobacco is an annual plant that adapts strongly to soil and climatic conditions, and the same seed will quickly develop very different characteristics in different growing areas.
The authentic Cuban seed has been cultivated for many decades exclusively for the production of Cuban tobacco, and Cuban regulations prohibit its export. Additionally, the tradition and know-how handed down from generation to generation , in addition to the unique characteristics of the soil and climate where this product is grown.
Corporación Habanos, S.A.
Habanos, S.A. is a world leader in the commercialization of premium cigars both in Cuba and in the rest of the world. For this purpose, it has an exclusive distribution network present in the five continents and in more than 130 territories.
Habanos, S.A. commercializes 27 premium brands “Totally Handmade,” including Cohiba, Montecristo, Romeo y Julieta, Partagás, Hoyo de Monterrey, H. Upmann, and Trinidad, among others sheltered by the Habanos Protected Appellations of Origin (P.A.O.).
Habanos have been “Totally Handmade” for more than 500 years, and since then, they have become a reference for the whole world.
* (P.A.O.) Protected Appellations of Origin
For more information, please contact:
Habanos, S.A. Habanos Comunicación habanoscomunicacion@habanos.cu
Tel. 5372040513 ext. 565
