CorporaciΓ³n Habanos, S.A., a global leader in the premium cigar market, is pleased to announce a significant legal victory: the German Federal Court of Justice has ruled that the use of geographical indications “CUBA” and “HABANA” and their derivatives for tobaccos of non-Cuban origin is impermissible. The defendant’s appeal has been dismissed, affirming the finality of the favorable judgment previously issued by the Munich Higher Regional Court, with no further avenues for appeal.
The lawsuit was sparked by the unauthorized and misleading use of terms 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. At its core, the legal dispute questioned whether geographical indications like ‘Cuba’ or ‘Habana’ and their derivatives, which distinguish Cuban cigars, can be applied to cigars from different origins, particularly when terms like ‘Ecuador’ or ‘Nicaragua’ are invoked.
CorporaciΓ³n Habanos, S.A., took decisive legal action in 2020 to combat the misleading use of Cuban-protected geographical indications for non-Cuban cigars. Following the Regional Court of Munich’s full endorsement of their claim and the Higher Regional Court’s rejection of the defendant’s appeal, the Federal Court of Justice has now upheld this decision, closing the case definitively.
Both courts concluded that terms such as ‘Habano Seed,’ ‘Piloto Cubano,’ or ‘Habano Wrapper’ mislead consumers and diminish the reputation of geographical indications ‘Cuba’ and ‘Habana,’ irrespective of additional qualifiers like ‘from Ecuador’ or ‘Jalapa – Nicaragua.’ The Munich Higher Regional Court emphasized that by using disputed terminology, the defendant unfairly leveraged the protected appellations of origin and their esteemed reputation to market products of different origins.
After years of litigation, CorporaciΓ³n Habanos, S.A., and 5th Avenue Products Trading-GmbHβthe official distributor of Habanos in Germany and importer of Mini Cubanosβagree that advertising non-Cuban cigars as containing ‘Cuban seeds’ misinforms cigar smokers. Tobacco, being an annual plant highly sensitive to soil and climate, develops distinct characteristics in different regions despite originating from the same seed.
The genuine Cuban seed has been exclusively cultivated for decades for Cuban tobacco production, with its export strictly prohibited by Cuban regulations. This cultivation tradition, passed down through generations, combined with the unique soil and climate conditions of Cuba, distinguishes Cuban tobacco.
CorporaciΓ³n Habanos, S.A.
Habanos, S.A., stands as a global leader in the premium cigar trade, commanding exclusive distribution networks across five continents and more than 130 territories. They market 27 premium brands under the “Totally Handmade” classification, including iconic names such as Cohiba, Montecristo, Romeo y Julieta, PartagΓ‘s, Hoyo de Monterrey, H. Upmann, and Trinidad, all protected by the Habanos Protected Appellations of Origin (P.A.O.).
For over 500 years, Habanos have set the standard for handmade cigars, embodying tradition, craftsmanship, and unrivaled quality appreciated worldwide.
