Cuban Merch Illegal? - Cigar Asylum Cigar Forum

I've had this thought about certain Cuban merchandise after being gifted a Cohiba T-shirt from Cuba.

We've all seen Cuban brand merchandise being sold in our local B&M's. Cohiba ashtrays, etc... We'll I'm assuming they're not from Cuba, given the embargo. But the alternative choice would be a copyright violation. A similar violation to manufacturing a knock-off Louis Vuitton purse. In other words, it's likely that all Cuban merch is illegal regardless of where it's produced.

Don't worry, I'm not going to turn you in. Just the way my crazy mind works. Given the fact that even Wal-Mart occasionally finds itself with some Cuban goods, I wonder how many of the domestic ashtrays are actually "embargo ashtrays". What are your thoughts?
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Originally Posted by Footbag:
I've had this thought about certain Cuban merchandise after being gifted a Cohiba T-shirt from Cuba.

We've all seen Cuban brand merchandise being sold in our local B&M's. Cohiba ashtrays, etc... We'll I'm assuming they're not from Cuba, given the embargo. But the alternative choice would be a copyright violation. A similar violation to manufacturing a knock-off Louis Vuitton purse. In other words, it's likely that all Cuban merch is illegal regardless of where it's produced.

Don't worry, I'm not going to turn you in. Just the way my crazy mind works. Given the fact that even Wal-Mart occasionally finds itself with some Cuban goods, I wonder how many of the domestic ashtrays are actually "embargo ashtrays". What are your thoughts?

My thought, and this is by no means an expert opinion, is that if the shirt, ashtray etc. is manufactured in, let's say, China, then there is no violation of the embargo.

Just my interpretation. I could be dead wrong.
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Originally Posted by pnoon:
My thought, and this is by no means an expert opinion, is that if the shirt, ashtray etc. is manufactured in, let's say, China, then there is no violation of the embargo.

Just my interpretation. I could be dead wrong.

Yes, but what about copyright violation?
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Originally Posted by Footbag:
Yes, but what about copyright violation?

I have no clue.
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When Castro took over Cuba, they nationalized the cigar industry. Many of the owners fled and started new businesses in Central America. So, the expatriates claim that they continue to own the trademarks. Cuba, of course, thinks they do.

If the embargo gets lifted, it will end up in the courts.
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Everytime I've gone overseas (mostly in 3rd world countries) I've seen blackmarket Nike, Reebok, etc clothes...and just about every other popular "Western" merch. I don't think they give a whole lot of merit to copyright, nor Trademark, if they can make a living doing do.
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I have several Habanos ashtrays, but if you look on the bottom of them they say....
Porcelanos
Bidasoa
Spain
Para
Habanos S.A.

So they are actually made in Spain for Habanos S.A. That is legal enough for me.:-)
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Originally Posted by dinder1:
I have several Habanos ashtrays, but if you look on the bottom of them they say....
Porcelanos
Bidasoa
Spain
Para
Habanos S.A.

So they are actually made in Spain for Habanos S.A. That is legal enough for me.:-)

You answered my question!:-)
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Originally Posted by Footbag:
You answered my question!:-)

Glad I could help.:-)
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Originally Posted by pnoon:
My thought, and this is by no means an expert opinion, is that if the shirt, ashtray etc. is manufactured in, let's say, China, then there is no violation of the embargo.

Just my interpretation. I could be dead wrong.

True

Originally Posted by Footbag:
Yes, but what about copyright violation?

Yes but by the US company that holds the trademark (General Cigar)
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Originally Posted by dinder1:
I have several Habanos ashtrays, but if you look on the bottom of them they say....
Porcelanos
Bidasoa
Spain
Para
Habanos S.A.

So they are actually made in Spain for Habanos S.A. That is legal enough for me.:-)

That's the real thing you've got. It's the same ashtray they sell in Cuba...
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Originally Posted by BroncoHorvath:
That's the real thing you've got. It's the same ashtray they sell in Cuba...

Yep, I have three that I purchased about eight years ago.
Habanos 2000
Festival Del Habanos 2000
Cohiba Aniversario 35 1966-2001

I love and use these guys on a daily basis.
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Most of the Cuban brands lost US copyrights to either people that left cuba, or to companies in the US looking to get rights in the name. Every time Cuban companies have tried to challenge their copyrights in US courts post Castro, they have lost to noncuban copyright holders.

That's why you see a Cohiba from the DR, as well as a Cohiba from Cuba. The Cohiba from the DR isn't infringing on a copyright in the US if they make cigars, ashtrays with logos, TShirts with logos, etc., b/c they're the ones who actually hold the US copyright (I believe it's General Cigar that owns it), and not the Cuban company.
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Originally Posted by mykeuva:
Most of the Cuban brands lost US copyrights to either people that left cuba, or to companies in the US looking to get rights in the name. Every time Cuban companies have tried to challenge their copyrights in US courts post Castro, they have lost to noncuban copyright holders.

That's why you see a Cohiba from the DR, as well as a Cohiba from Cuba. The Cohiba from the DR isn't infringing on a copyright in the US if they make cigars, ashtrays with logos, TShirts with logos, etc., b/c they're the ones who actually hold the US copyright (I believe it's General Cigar that owns it), and not the Cuban company.

The interesting thing is that Altadis owns some of the Trademarks like Montecristo in the free world and also owns a large stake in the Cuban cigar industry. So, they're on both sides.
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cubans are now universally accepted it has its impact all over the world... it is popular in the world.. i am a die hard fan of cubans cigar ...and can go to cuba to buy it..
it is fabulous...
Enjoy...
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