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EMPRESA CUBANA DEL TABACO v. GENERAL CIGAR CO.,

No. 2013-1465.

753 F.3d 1270 (2014)

EMPRESA CUBANA DEL TABACO, (doing business as Cubatabaco), Appellant, v. GENERAL CIGAR CO., INC., Appellee.

United States Court of Appeals, Federal Circuit.

June 4, 2014.

Attorney(s) appearing for the Case

David B. Goldstein , Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., of New York, NY, argued for appellant. With him on the brief was Michael Krinsky .

Andrew L. Deutsch , DLA Piper U.S. LLP, of New York, NY, argued for appellee. With him on the brief was Airina Rodrigues .

Before RADER, TARANTO and HUGHES, Circuit Judges.

RADER, Circuit Judge.

Empresa Cubana Del Tabaco (d/b/a Cubatabaco) challenges the Trademark Trial and Appeal Board's grant of summary judgment to General Cigar Co., Inc. on the basis that Cubatabaco — a Cuban company — lacks standing to seek cancellation of General Cigar's two registrations for the trademark COHIBA (the Registrations). Because this court finds that Cubatabaco has a statutory cause of action to petition the Board to cancel the Registrations...

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