Altadis USA sues Tatuaje Cigars

Emjaysmash · 11-01-2009, 02:44 PM

I copied-and-pasted from another forum.

Altadis USA has officially filed a lawsuit over the use of the Fleur De Lys on Tatuaje Cigars. They have filed suit in the Florida Southern District Court. The lawsuit names Tatuaje Cigars, Pete Johnson, My Father Cigars and Jose Pepin Garcia as the defendants. The docket can be found here: http://dockets.justia.com/docket/cou...ase_id-345807/.

11-01-2009, 02:45 PM

Altadis is so ****ing lame.

Sauer Grapes · 11-01-2009, 02:48 PM

What Altadis cigar uses the Fleur de lys? I'm assuming there is one.

11-01-2009, 02:48 PM

Quote:

Originally Posted by Sauer Grapes

What Altadis cigar uses the Fleur de lys? I'm assuming there is one.

Montecristo.

Sauer Grapes · 11-01-2009, 02:55 PM

Quote:

Originally Posted by Darrell

Montecristo.

Ah... forgot about that one. I can definitely see where Altadis is coming from here. Pete has himself one of the fastest growing companies in the industry and Altadis isn't very well thought of in the industry. The Fleurs do look different though.

I definitely think the lawsuit is dumb here, but who can really blame them. Most of us who smoke Tatuaje don't smoke Altadis products much if at all. Can you really claim trade mark infringement on something as old and iconic as the Fleur De Lys? I guess if Fuente can claim they own the letter X, then what is the difference?

Don Fernando · 11-01-2009, 02:57 PM

Quote:

Originally Posted by Sauer Grapes

I guess if Fuente can claim they own the letter X, then what is the difference?

Didn't they have a years long dispute with Opus One wines in the past?

Emjaysmash · 11-01-2009, 02:50 PM

I think im boycotting buying any Altadis Cigars...not that I've bought any before but this gives me another reason not to

elderboy02 · 11-01-2009, 02:51 PM

I hate Altadis. I hope their company fails.

captain53 · 11-01-2009, 04:11 PM

Quote:

Originally Posted by elderboy02

I hate Altadis. I hope their company fails.

Eleven · 11-01-2009, 02:52 PM

This is why we need tort reform and loser-pays in the US.

11-01-2009, 02:54 PM

Quote:

Originally Posted by Eleven

This is why we need tort reform and loser-pays in the US.

Typically the loser does pay court costs.

wayner123 · 11-01-2009, 02:57 PM

I was looking mroe into this and ran across a lawsuit filed by Tatuaje against Altadis in August of this year. https://www.rfcexpress.com/lawsuit.asp?id=49868

So is this some kind of feud between them?

Blueface · 11-01-2009, 03:19 PM

Quote:

Originally Posted by Slavac

Typically the loser does pay court costs.

Look up what "court costs" means.

All of Tatuaje's legal fees for their defense of this suit is out of pocket and is not covered under "court costs".

Only time you generally see legal fees covered is if an agreement to settle is reached that incorporates legal fees as part of it or in cases of contracts where the contract stipulates the person filing suit to enforce it is entitled to fees. In those cases, many states say that then applies to both parties so either that prevails will get legal fees.

Not an attorney but did stay at a Holiday Inn.

markem · 11-01-2009, 03:50 PM

Quote:

Originally Posted by Blueface

Look up what "court costs" means.

Carlos is correct. The parties may ask the court to have the loser pay both court costs and the winners costs, which is what I think that Slavic was alluding to, although such payments are not automatic and must be asked for specifically in a judgment.

From Black's Law Dictionary, Abridged Seventh Edition.

cost, n, 2. (pl) The charges or fees taxed by the court, such as filing fees, jury fees, courthouse fees, and reporter fees. -- also termed court costs.

cost, n, 3. (pl.) The expenses of litigation, prosecution, or other legal transaction, esp. those allowed in favor of one party against the other -- Also termed [...] litigation costs.

court costs. See COST (2).

So we can see that the term "cost" can potentially cover both uses, but court costs is specific.

No links, this is from my printed copy.

Bax · 11-01-2009, 02:55 PM

The Tat's needed a new band anyway.

Brooks W · 11-01-2009, 02:56 PM

Guys, this is old news...Pete told a few of us at one of his stops that this has been resolved...Basically, he gets to keep using the symbol on Tat cigars, but cannot use it for any of his other brands (La Riqueza, El Triunfador etc)...

I am not sure why the date of the filing is yesterday, if what he said is true...Just repeating what he told us...

Hope that helps!

~brooks

Emjaysmash · 11-01-2009, 02:58 PM

Quote:

Originally Posted by Brooks W

Guys, this is old news...Pete told a few of us at one of his stops that this has been resolved...Basically, he gets to keep using the symbol on Tat cigars, but cannot use it for any of his other brands (La Riqueza, El Triunfador etc)...

Hope that helps!

~brooks

When did he tell you guys? I'm jut wondering as it looks like this was filed 2 days ago...

Brooks W · 11-01-2009, 03:03 PM

Quote:

Originally Posted by Emjaysmash

When did he tell you guys? I'm jut wondering as it looks like this was filed 2 days ago...

He told us this on Thursday...so I suppose it is possible he THOUGHT everything was fine...

**Shrug** like I said, I am just repeating what he told us, nothing more...

~brooks

markem · 11-01-2009, 03:04 PM

Apparently there was/is a countersuit

http://cigarlaw.wordpress.com/2009/1...aje-v-altadis/

icehog3 · 11-01-2009, 03:24 PM

I have been boycotting Altadis products for years.

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

11-01-2009, 02:44 PM	#1
Emjaysmash The Hebrew Hammer Join Date: Oct 2008 First Name: M.J. Location: Milwaukee, WI Posts: 7,025 Trading: (76)	Altadis USA sues Tatuaje Cigars I copied-and-pasted from another forum. Altadis USA has officially filed a lawsuit over the use of the Fleur De Lys on Tatuaje Cigars. They have filed suit in the Florida Southern District Court. The lawsuit names Tatuaje Cigars, Pete Johnson, My Father Cigars and Jose Pepin Garcia as the defendants. The docket can be found here: http://dockets.justia.com/docket/cou...ase_id-345807/. __________________

11-01-2009, 02:45 PM	#2
Darrell Guest Posts: n/a	Re: Altadis USA sues Tatuaje Cigars Altadis is so ****ing lame.

11-01-2009, 02:48 PM	#3
Sauer Grapes Snatchin' yo people up Join Date: Oct 2008 Posts: 2,235 Trading: (44)	Re: Altadis USA sues Tatuaje Cigars What Altadis cigar uses the Fleur de lys? I'm assuming there is one.

11-01-2009, 02:50 PM	#7
Emjaysmash The Hebrew Hammer Join Date: Oct 2008 First Name: M.J. Location: Milwaukee, WI Posts: 7,025 Trading: (76)	Re: Altadis USA sues Tatuaje Cigars I think im boycotting buying any Altadis Cigars...not that I've bought any before but this gives me another reason not to __________________

11-01-2009, 02:51 PM	#8
elderboy02 Lets Go Buckeyes! Join Date: Oct 2008 First Name: Dan Location: Cincinnati, OH Posts: 12,508 Trading: (133)	Re: Altadis USA sues Tatuaje Cigars I hate Altadis. I hope their company fails.

11-01-2009, 02:52 PM	#10
Eleven Solid As The Sun Join Date: Aug 2009 First Name: Scott Location: SW Ohio Posts: 1,859 Trading: (23)	Re: Altadis USA sues Tatuaje Cigars This is why we need tort reform and loser-pays in the US. __________________ CA: putting the 'man' in bromance since 2008! --markem.

11-01-2009, 02:57 PM	#12
wayner123 Country Gentleman Join Date: Oct 2008 Location: Deltona, FL Posts: 2,351 Trading: (159)	Re: Altadis USA sues Tatuaje Cigars I was looking mroe into this and ran across a lawsuit filed by Tatuaje against Altadis in August of this year. https://www.rfcexpress.com/lawsuit.asp?id=49868 So is this some kind of feud between them? __________________ 'It is an honor for a man to keep aloof from strife; But every fool will be quarrelling.'

11-01-2009, 02:55 PM	#15
Bax C A P S...CAPS CAPS CAPS! Join Date: Oct 2008 First Name: Tim Location: Ringgold,GA Posts: 2,173 Trading: (70)	Re: Altadis USA sues Tatuaje Cigars The Tat's needed a new band anyway. __________________ I'm the most interesting man in the world... but only if you find stupid stuff really interesting.

11-01-2009, 02:56 PM	#16
Brooks W Feeling at Home Join Date: Feb 2009 Posts: 833 Trading: (70)	Re: Altadis USA sues Tatuaje Cigars Guys, this is old news...Pete told a few of us at one of his stops that this has been resolved...Basically, he gets to keep using the symbol on Tat cigars, but cannot use it for any of his other brands (La Riqueza, El Triunfador etc)... I am not sure why the date of the filing is yesterday, if what he said is true...Just repeating what he told us... Hope that helps! ~brooks

11-01-2009, 03:04 PM	#19
markem Bunion Join Date: Oct 2008 First Name: Mark Location: Second Star on the Right Posts: 22,622 Trading: (47)	Re: Altadis USA sues Tatuaje Cigars Apparently there was/is a countersuit http://cigarlaw.wordpress.com/2009/1...aje-v-altadis/ __________________ I refuse to belong to any organization that would have me as a member. ~ Groucho Marx

11-01-2009, 03:24 PM	#20
icehog3 Admiral Douchebag Join Date: Oct 2008 First Name: Tom Location: Clermont, Kentucky Posts: 71,305 Trading: (60)	Re: Altadis USA sues Tatuaje Cigars I have been boycotting Altadis products for years. Not because of the feud or the suit, though...just 'cause they suck. __________________ Thanks Dave, Julian, James, Kelly, Peter, Gerry, Dave, Mo, Frank, Týr and Mr. Mark!