Altadis USA sues Tatuaje Cigars

Silound · 11-01-2009, 11:07 PM

Given my limited knowledge of laws governing this, I can't be sure but...

Pete almost certainly filed suit first because by doing so he forced Altadis to tip their hand early (he probably had some forewarning about the impending suit). Also by doing this, as was stated above, the Altadis suit will NOT proceed until a judge either combines the suits or until Pete's suit is totally settled (initial plus any appeals). Once either of those happens, then the next step proceeds.

I don't think that Altadis will come out a "winner" in this one. The Tatuaje brand doesn't come close to even comparing itself to the Montecristo line anywhere. They don't claim to be like it, near it, or even know it exists. The use of the Fleur-de-lis dates back well before the 12th century, making it unlikely that anyone can claim is as something protected by their trademark. Other than the use of the known FDL shape, they don't really have anything in common.

11-01-2009, 11:07 PM	#11
Silound ex-CS Swamp Gorilla Join Date: Nov 2008 Location: Somewhere in a swamp, south of sanity Posts: 802 Trading: (15)	Re: Altadis USA sues Tatuaje Cigars Given my limited knowledge of laws governing this, I can't be sure but... Pete almost certainly filed suit first because by doing so he forced Altadis to tip their hand early (he probably had some forewarning about the impending suit). Also by doing this, as was stated above, the Altadis suit will NOT proceed until a judge either combines the suits or until Pete's suit is totally settled (initial plus any appeals). Once either of those happens, then the next step proceeds. I don't think that Altadis will come out a "winner" in this one. The Tatuaje brand doesn't come close to even comparing itself to the Montecristo line anywhere. They don't claim to be like it, near it, or even know it exists. The use of the Fleur-de-lis dates back well before the 12th century, making it unlikely that anyone can claim is as something protected by their trademark. Other than the use of the known FDL shape, they don't really have anything in common. __________________ Back in black, and better than ever! You can't keep a good gorilla down! LSU Geaux Tigers!