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Corporacion Habanos, S.A. v. Anncas, Inc.

Trademark Trial and Appeal Board

88 U.S.P.Q.2d 1785 (2008)

Relevant factsFree

Habanos (plaintiff), which held a trademark for authentic Cuban-origin cigars, opposed Anncas's (defendant's) application to register "HAVANA CLUB" for cigars made with Cuban-seed tobacco grown outside Cuba, arguing the mark was primarily geographically deceptively misdescriptive under the Lanham Act because it falsely suggested Cuban origin.

IssueFree

Whether, under the Lanham Act, trademark registration is available for a mark that is primarily geographically deceptively misdescriptive.

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