Banned: 'Habano Seed' for non-Cuban cigars according to court ruling

Names such as "Habano Seed," "Cuba" and "Havana" are not permitted for cigars made from non-Cuban tobaccos. Following an action brought by Corporación Habanos S.A., the Munich Higher Regional Court (OLG), as the court of first instance, has now also ruled that "Cuba" and "Havana" and derivatives thereof are geographical designations of origin with a special reputation in relation to cigars and enjoy correspondingly extended protection under trademark law. 

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Habano Seed and other tobacco names

The dispute was prompted by the use of terms such as "Habano Seed," "Piloto Cubano," "Habano wrapper," "Habano wrapper from Ecuador," "Habano seed wrapper from Ecuador," or "Binder Habano Jalapa - Nicaragua" for cigars/cigarillos made from non-Cuban tobaccos.

As now confirmed in the appeal ruling, such claims are inadmissible, even if the tobaccos grown outside Cuba originated in Cuba by taking seeds from there to other countries after the Cuban Revolution.

The court leaves open whether such disputed assertions are true, because in its assessment, a seed originally grown in Cuba that has been propagated elsewhere over several vegetation cycles cannot be equated without further ado with a tobacco grown in Cuban territory. Rather, beyond genetic characteristics, soil and climatic conditions - the respective "terroir" - can also influence the properties and quality of the tobacco, especially since the annual tobacco plant must be resown for each harvest season.

Special reputation and prestige

With regard to the special reputation of "Cuba" and "Havana", the Munich Regional Court stated that the island of Cuba and its capital Havana do not only stand for an attitude to life and are also not only representative of cigar enjoyment. Rather, the designations "Havana" and "Cuba" have a corresponding reputation in terms of quality in relation to cigars and their components due to the quality and selection of the tobaccos processed and due to the method of production.

The buyer of such cigars associates a special prestige with the designations, as do a significant proportion of non-smokers. As a result, the OLG Munich confirms this finding and states that the respective consumer does not even have to be aware of the specific quality of Cuban tobacco products, but rather the general - actually existing - idea that such products originating from Cuba have a special quality is sufficient.

According to the OLG Munich, the Regional Court had rightly granted the claim of Corporación Habanos S.A. in full. The decisive factor and expressly confirmed is the special reputation of the geographical indications of origin "Cuba" and "Havana". According to both courts, designations such as "Habano Seed," "Piloto Cubano" or "Habano Deckblatt" unfairly impair this special reputation without justifiable reason.

Additional information in connection with "Habano Seed" etc. inadmissible

Additional indications such as "from Ecuador" or "Jalapa - Nicaragua" do not change this result. In the words of the Court of Appeal, the defendant, through its use of the disputed designations, places itself in the pull of the protected geographical indications of source "Cuba" and "Havana" in order to profit from their power of attraction, their reputation and their prestige and thus, by way of an image transfer, to shift the quality perceptions associated therewith to its own goods.

The judgment (OLG Munich, file number 6 U 120/22) is not legally binding.

Cuban seeds have not been exported for decades

5^TH Avenue (importer of Cuban cigars for Germany, Poland and Austria) has long been convinced that references to alleged or supposedly original "Cuban seeds" are of little help to the cigar smoker. Tobaccos are annual plants and are highly adaptable to soils and climatic conditions; from the same seed, highly different characteristics develop in a short time in different growing regions. 

Genuine Cuban seed has been bred exclusively for Cuban tobacco production for many decades and is not exported. In addition, there are unique artisan tradition and unique knowledge of the secrets of the best cigars. The special reputation of Cuba for cigars has many reasons.

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