Tatuaje vs Altadis Trademark Lawsuit - Cigar News - PuffingCigars.com
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Home » Cigar News

Tatuaje vs Altadis

Submitted by Rob on November 8, 2009 – 4:27 am3 Comments

fleur de lisAltadis U.S.A. Inc has taken some time out of running the largest cigar company on the planet to sue boutique cigar company Tatuaje Cigars Inc. In this David vs. Goliath battle Altadis claims that Tatuaje has infringed in the MONTECRISTO brand by the use of the Fleur De Lis design.

In the 28 page lawsuit, which can be found on the CigarLaw.com website, contends that are too many similarities in the marketing and might confuse the general cigar consumer. “Defendants have recklessly, willfully and intentionally violated Pantiff’s rights with the deliberate intention of trading on the valuable goodwill and reputation established by Plantiffs by adopting for use in connection with cigars: (1) the Infringing Fleur de Lis Design trademark” and even claims Tatuaje is using “confusingly similar color schemes for use on cigar bands and boxes.

This lawsuit did not come as a complete surprise to Pete Johnson, owner of Tatuaje Cigars, as months earlier (August) they had filed a Declaratory Judgment in the state of California. A Declaratory Judgment is used when a company is aware they are going to be sued and wishes to have the claims brought immediately to court.

In the declaratory relief Tatuaje Cigars claims that Altadis is over the statue of limitations, is attempting to use its size to end competition, and has only taken interest after Tatuaje was named one of the hottest cigars by a very popular cigar magazine. Additionally the law firm representing Tatuaje is claiming that the Fleur de Lis design is one that cannot be claimed by anyone due to its general use dating back to the 12 century and used by many organizations, countries, and groups since (Wikipedia Link).

More coverage will be brought to you as this case is presented before a court. To see the documents filed by all parties and insight by a trademark lawyer please check out CigarLaw.com.

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  • Rojo Camacho says:

    Good Luck to Pete. I have no idea how anyone would get a montecristo confused with a tat, but stranger things have happened. oh, and GO SAINTS!!!! (i like that you posted the Saints FDL up there).

  • Lucas Konk says:

    Tatouge,,,, VS Altadis,,,,……

    Hummmmm don’t care i like both and I recognize both…
    And by the end while they are doing cat fights I am buying more ALEC BRADLEY cigars, more FUENTE, more Cubans, more of other stuff…


  • Jason says:

    I’m not sure that any one would confuse a Tatuaje with an Altadis Montecristo, mostly due to the fact that they are fantastic and not boring, overpriced knock-offs of a famous Cuban brand. In fact, there is no small bit of irony here given what a AltaMonte really is.