Altadis USA sues Tatuaje Cigars

[Blueface]

Originally Posted by icehog3

Not because of the feud or the suit, though...just 'cause they suck.

True.
I think they will be suing the New Orleans Saints next.
They clearly copied from Altadis.

[icehog3]

Originally Posted by Blueface

True.
I think they will be suing the New Orleans Saints next.
They clearly copied from Altadis.

Hopefully they don't sue the guards at the Wicked Witch of the West's castle!

copyright infringement is copyright infringement.

Montecristo (CC) - 1935

Montecristo (NC) - 1995

Tatuaje - 2003

Pardon me while I LMAO.

[markem]

Originally Posted by tobii3

copyright infringement is copyright infringement.

Correct. There are many matters that get considered, often, in such cases esp. whether or not the copyright should ever have been awarded and what, specifically, constitutes the item that has been granted protection. I do my work in the patent area and am very successful at getting patents reviewed and withdrawn by both US Federal Court and the USPTO. I assume that there are other experts who do similar for copyright.

btw, IANAL.

[tchariya]

They better start sueing fraternities around the USA. Many use the fleur in their badges and crests.

My fraternity didn't trademark a normal fleur, instead we copyrighted a use of the fleur with our other symbols. We have issued a cease and desist to companies that try to freely use our 'emblem' on cups, shirts, shot glasses mugs, thongs, cigar holders...etc etc...


Also, there is a steakhouse Indianapolis uses the fleur too.

[Eleven]

If they sue them, then the Boy Scouts are next.

Originally Posted by Blueface

True.
I think they will be suing the New Orleans Saints next.
They clearly copied from Altadis.

[macpappy]

Originally Posted by Blueface

True.
I think they will be suing the New Orleans Saints next.
They clearly copied from Altadis.

Nah! In New Orleans they spell it "Fleur de lis" so it must be something different.

[neoflex]

I find it kind of amusing as the Fluer is one of the most generic symbols used for a lot of different companies and wouldn't think that a symbol like that couldn't be trademarked. Hell, the Saints use it, BoyScouts, Big Tattoo Wines(http://www.bigtattoored.com/) etc etc. Altadis will need to start thier own legal dept if they really want to say they trademarked it. I'm going to go and trademark the question mark tomorrow and anyone who uses it whether it's for their company or in the paper or magazines I am sueing the crap out of them. Whenever I wear my Tatuaje t-shirt people always ask if I am a Saints fan. Never once did someone say, "Hey I like Montecisto too."
Sounds to me like Altadis does not like that Pete/Pepin has taken a big chunk of their market share. Maybe they should concentrate more on making a better cigar that will appeal to the masses rather than nit picking generic symbols. Just my .02

[Wharf Rat]

Originally Posted by neoflex

I find it kind of amusing as the Fluer is one of the most generic symbols used for a lot of different companies and wouldn't think that a symbol like that couldn't be trademarked. Hell, the Saints use it, BoyScouts, Big Tattoo Wines(http://www.bigtattoored.com/) etc etc. Altadis will need to start thier own legal dept if they really want to say they trademarked it. I'm going to go and trademark the question mark tomorrow and anyone who uses it whether it's for their company or in the paper or magazines I am sueing the crap out of them. Whenever I wear my Tatuaje t-shirt people always ask if I am a Saints fan. Never once did someone say, "Hey I like Montecisto too."
Sounds to me like Altadis does not like that Pete/Pepin has taken a big chunk of their market share. Maybe they should concentrate more on making a better cigar that will appeal to the masses rather than nit picking generic symbols. Just my .02

Trademarks are with respect to specific products. So one company could have cigars, another a football team. Now, if the Saints tried to market a cigar, it could get interesting.

Originally Posted by neoflex

Sounds to me like Altadis does not like that Pete/Pepin has taken a big chunk of their market share.

In 2006 Altadis sold 3.2 billion cigars worldwide. Pete Johnson sells around 1.2 million a year. We could all quadruple our Tatuaje consumption and that still wouldn't be "taking a big chunk" out of Altadis' business. If anything is hurting Altadis' business, it's governments and taxes... not Pete Johnson.

Originally Posted by icehog3

I have been boycotting Altadis products for years.

Not because of the feud or the suit, though...just 'cause they suck.

Ditto except in my case substitute "months" for "years" and you got something there.

[Beagleone]

Originally Posted by tchariya

They better start sueing fraternities around the USA. Many use the fleur in their badges and crests.

My fraternity didn't trademark a normal fleur, instead we copyrighted a use of the fleur with our other symbols. We have issued a cease and desist to companies that try to freely use our 'emblem' on cups, shirts, shot glasses mugs, thongs, cigar holders...etc etc...

Actually, there is a company that has signed up a majority of the fraternities and sororities in the US to be their official distributor for clothing, promotional items and other swag. They have aggressively gone after the many independents that cater to the local campus Greek organizations when they to tee shirts and other clothing items for copyright infringement and forcing huge settlements.

Back to the point: this has been developing for sometime now. Altadis first started this because Pete and Don Pepin made a pyramid shaped cigar that just happened to have a FdL on the band and looked a lot like a Monte #2.

I am in trouble, I have a felur de lys as part of my tattoo. putting something over it will be less expensive then court fees i guess. oh well.

[BlackIrish]

Couple of things:

The suit is for trademark infringement, not copyright infringement.

Under the federal trademark act, a prevailing party can, but does not automatically, recover both attorney's fees and costs.

Tatuaje sued first in federal court in LA, on August 21, 2009, seeking a ruling that it doesn't infringe any Altadis trademarks. Altadis' suit was filed in federal court in Miami on Friday. Because Tatuaje's suit was filed first, it is likely that it will proceed and Altadis' later-filed suit will be dismissed or transferred to be consolidated with Tatuaje's suit in LA.

[ucla695]

Unreal. Altadis might benefit from it if someone confuses a Montecristo for a Tatuaje.

Considering that the history of Altadis goes as far back as 1918...Tatuaje goes back all of 6 years....

In September 2000, the parent company purchased 50% of Habanos S.A., owner of most of the Cuban trademarks in the world and franchiser of the Casa del Habano shops. The final merger, resulting in today's company, was completed in early 2008 when Altadis S.A. merged with Imperial Tobacco, headquartered in the UK.

For those of you who wish Altadis to fail, maybe you want to re-think your words??

[icehog3]

Originally Posted by tobii3

Considering that the history of Altadis goes as far back as 1918...Tatuaje goes back all of 6 years....



For those of you who wish Altadis to fail, maybe you want to re-think your words??

It is still going to be a legal fiasco when (if) the Embargo ends IMHO.

[kelmac07]

Originally Posted by icehog3

It is still going to be a legal fiasco when (if) the Embargo ends IMHO.

Agree with ya there Tom!!

[mosesbotbol]

Originally Posted by icehog3

It is still going to be a legal fiasco when (if) the Embargo ends IMHO.

Habanos could launch new US only brands until everything is straightened out.

[poriggity]

Originally Posted by tobii3

Considering that the history of Altadis goes as far back as 1918...Tatuaje goes back all of 6 years....



For those of you who wish Altadis to fail, maybe you want to re-think your words??

Nope, I still want them to fail. Then again, I've only smoked about 3 CC's my entire smoking career..
Scott