For the last few years Casa Fernández and Mombacho Cigars S.A. have both claimed rights to sell cigars under the Mombacho name, now the matter is being disputed in the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board.
Late last year, Mombacho Cigars S.A., a Nicaraguan company that produces cigars in Granada and whose owners are from Canada, filed for a cancellation of a U.S. trademark held by Casa Fernández/Tabacalera Tropical on the Mombacho name. Casa Fernández first filed for a trademark on the name in 2003.
In its complaint, attorneys for Mombacho Cigars S.A. argued that Casa Fernández was no longer selling cigars under the Mombacho name and it was causing harm to Mombacho Cigars S.A. That company has been selling its cigars under the Tierra Volcán name in the U.S. because of the trademark dispute.
The legal dispute is currently in the discovery phase. Mombacho Cigars S.A.’s attorney is asking for an extension of the period due to its issues with the responses from Casa Fernández. Included in discovery documents are some interesting details.
Casa Fernández shows sales for its Mombacho cigar beginning with 100 boxes of cigars in 2004, peaking at 766 in 2006 and then staying between 71-103 boxes between 2008-2011. In 2012, the company sold just six boxes, followed by five the year later and just two boxes in 2014.
Earlier this year, the company announced it would be rebranding Mombacho as Mombacho Miami, an exclusive to Serious Cigars. Earlier this week a subpoena was issued for Serious Cigars requiring the Houston-based retailer to answer questions about its history with the Casa Fernández version of Mombacho.
Markus Raty, co-foudner of Mombacho Cigars S.A., declined to comment to halfwheel. A voicemail left with Casa Fernández’s Paul Palmer was not returned.
Petition for discovery extension, including some discovery responses
Subpoena for Serious Cigars