Altadis sues Pete Johnson

[Criminal]

Heard about this a while ago. I can't believe they are pursuing this. Montecristo apparently thinks they are the only one that can use the Fleur de Lis in their logo. Ridiculous.

Tatuaje v. Altadis « Herrera on Cigar Law

[commonsenseman]

This makes me not like Altadis very much. I never even noticed that it's the same symbol.

I think they're just jealous that Tat's are better..........

[IHT]

Originally Posted by Criminal

Heard about this a while ago. I can't believe they are pursuing this. Montecristo apparently thinks they are the only one that can use the Fleur de Lis in their logo. Ridiculous.

Tatuaje v. Altadis « Herrera on Cigar Law

i haven't read the other replies...
but a few years back, Fuente sued another company for making the "Series X" cigar, which was lightyears better than any Fuente Opus X piece o' crap.

sadly, Fuente won either in court or the other company decided to cave-in on the demands.
i call bullspit on that one as well. now how do we see if we have broken bones?? do we use the "W-Ray" machine? ridiculous is right.

next thing you know, Altadis will sue the New Orleans Saints.

[rajuabju]

I doubt this has much chance of success in court.

[RicoPuro]

Originally Posted by IHT

inext thing you know, Altadis will sue the New Orleans Saints.

you took the words frrom my mouth...

[Rev2010]

This is old news. There was a thread on here a while back where Pete Johnson actually replied telling us all to relax that it wasn't actually a court case yet, they had apparently sent a letter asking him to cease use of it, not yet an actual court filing.

Don't know what happened thereafter but there is no way in hell this would ever uphold in court. The imagery is not owned by Montecristo and is a historical emblem. Using it does not declare a company the owner.


Rev.

[McCleod]

Originally Posted by Rev2010

This is old news. There was a thread on here a while back where Pete Johnson actually replied telling us all to relax that it wasn't actually a court case yet, they had apparently sent a letter asking him to cease use of it, not yet an actual court filing.

Don't know what happened thereafter but there is no way in hell this would ever uphold in court. The imagery is not owned by Montecristo and is a historical emblem. Using it does not declare a company the owner.


Rev.

I'm no expert, but I would not be so confident in your position. I suspect an IP lawyer will chime in eventually. Regards, Butch.

[Rev2010]

Originally Posted by McCleod

I'm no expert, but I would not be so confident in your position. I suspect an IP lawyer will chime in eventually. Regards, Butch.

Dude, the Fleur de lis is NOT the intellectual property of Montecristo. Not at all.

I'll tell you what though, I work for a large international law firm as an IT technician. Prior to my current firm I worked at an even larger one for 8 years. I talk to these people all the time, as a musician I always have questions to ask even though these are corporate lawyers they still give me some good insight. The only threat here is that Montecristo can out pay the legal fees. So, Tatuaje would have to be willing to spend multiples of thousands of dollars on a BS lawsuit. And even if they win they are out the legal fees. That's how it works here in the USA. In England they make the loser pay the legal fees of the winning party. It should be this way all over the world as this has become the way bigger corporations and companies bully smaller ones.


Rev.

[eyesack]

"d'Artagnan!!!!"


This reminds me of Metallica trying to save themselves from self-destruction by suing Napster. They were already a big name (like Montecristo), but were getting a little old to be playing the game (like Montecristo). So, in order to squeeze whatever funds they could out of whatever they could and retire, they sued the easiest target (like Montecristo)...

Now, I understand that the whole music thing is a whole 'nother flame war, but come on now... It's time to pass the torch.

[Criminal]

First of all, the lawsuit has definitely been filed.
Altadis U.S.A. Inc. et al v. Tatuaje Cigars, Inc. et al - 1009cv23308 - Justia Federal District Court Filings and Dockets

Second, IP is not my specialty. Its not even a hobby of mine. But, I understand the issue to be not so much that Altadis wants to prevent ANYONE from using the symbol, but rather only cigar manufacturers. The problem I see is that the fleur de lis is a very common symbol and isn't the dominant part of the Montecristo label. Otherwise, Altadis better start the lawyers on any cigar logo using triangles or swords.

I compare this to a winemaker suing other winemakers for putting pictures of rolling hills or vineyards on their labels. It is simply too common of a symbol to protect.

[kansashat]

Originally Posted by IHT

i haven't read the other replies...
but a few years back, Fuente sued another company for making the "Series X" cigar, which was lightyears better than any Fuente Opus X piece o' crap.

sadly, Fuente won either in court or the other company decided to cave-in on the demands.
i call bullspit on that one as well. now how do we see if we have broken bones?? do we use the "W-Ray" machine? ridiculous is right.

next thing you know, Altadis will sue the New Orleans Saints.

Imhotep, ya big scary bastage!

The Oliva made EO Series X was a very nice cigar indeed. I always thought that EO should've simply Xed out the X (LOL) & simply changed the packaging & graphics on their X to a Y & re-released that cigar.

As far as the Altadis vs Pete Johnson thing...I dunno...maybe we should ask Cleo McDowell.

[iRace559]

Originally Posted by kansashat

Imhotep, ya big scary bastage!

The Oliva made EO Series X was a very nice cigar indeed. I always thought that EO should've simply Xed out the X (LOL) & simply changed the packaging & graphics on their X to a Y & re-released that cigar.

As far as the Altadis vs Pete Johnson thing...I dunno...maybe we should ask Cleo McDowell.

Hahahahahaha.

[Snake Hips]

Originally Posted by Rev2010

Dude, the Fleur de lis is NOT the intellectual property of Montecristo. Not at all.

No, but Altadis owns the trademark to the fleur de lis.

[Flux]

Screw Altadis, their cigars suck anyways. IMO, the Siglo is the only decent smoke they make and even that is pretty average. It's ironic that the Siglo name was a product of a lawsuit that prevented Gran Habano from marketing the 3 Siglos (which is a far better smoke than anything they have ever made. I can't wait for them to sue some theatre company over a production of Romeo and Juliet.

[IHT]

Originally Posted by kansashat

Imhotep, ya big scary bastage!

The Oliva made EO Series X was a very nice cigar indeed. I always thought that EO should've simply Xed out the X (LOL) & simply changed the packaging & graphics on their X to a Y & re-released that cigar.

As far as the Altadis vs Pete Johnson thing...I dunno...maybe we should ask Cleo McDowell.

indeed, alan. changed it to the "series PDQ" or something stupid like that.

to hell with Cleo McDowell, i'd ask Mr. Randy Watson!!!


what would skeeter do?