U.S. News | Tropical Tobacco Sues Mombacho Cigars for Trademark Infringement

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Tropical Tobacco, Inc. doing business as AGANORSA Leaf has filed a lawsuit in the U.S. District Court for the Southern District of Florida against Mombacho Cigars S.A. for trademark infringement over the Mombacho mark.

The plaintiff alleges that the defendant intentionally infringed its mark, Mombacho by using the mark to sell cigars without permission or a license.

The plaintiff reportedly said that it trademarked the name in 2003 and was awarded a trademark by the U.S. Patent and Trademark Office (USPTO) in 2004 and another trademark in 2012.

The plaintiff reportedly said that it has been using the name on a cigar called the Mombacho Thermonuclear, though the current version is known as the Mombacho Miami.

According to the lawsuit, Mombacho Cigars S.A. owns trademarks for Mombacho in Canada and the European Union where it started selling cigars out of its factory in Granada, Nicaragua before expanding distribution to the U.S. and initially selling its cigars in the U.S. under the Tierra Volcán name.

The plaintiff alleges that in 2016, Mombacho Cigars S.A. asked the USPTO to cancel Tropical’s trademark, claiming that the company was no longer selling cigars under the Mombacho name but the plaintiff argued that it was still selling cigars with the Mombacho name.

The plaintiff reportedly said that USPTO ruled in favor of Tropical in 2018 as the defendant could not prove that Tropical failed to sell boxes during any year-long period and as such, it declined to grant the petition to cancel the trademark on the grounds of inactivity.

The plaintiff reportedly said that the infringement has caused lots of damages, confusion, and unfair competition.

The plaintiff is seeking an injunction that would stop Mombacho Cigars S.A. from selling cigars with the Mombacho name in the U.S., damages, and attorney fees.

The case is pending

Tropical Tobacco Inc. v. MOMBACHO CIGARS, S.A.

Judge: Beth Bloom
Court: Florida Southern District Court
Case #: 1:21-cv-21499
Nature of Suit: Trademark
Cause: Trademark Infringement
Case Filed: Apr 19, 2021
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About Nathaniel Adebayo 708 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com

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