Aganorsa sues Mombacho over its name

Aganorsa sues Mombacho over its name. In the last few months, Mombacho made the headlines a few times. Claudio Sgroi left the cigar manufacturer from Grenada. But founder Cam Heaps became the new president. Jared Ingrisano joins as director of global sales while Indiana Ortez is the new general manager. And just last week, Mombacho announced that creative mastermind Jessi Flores is the latest addition to the team. But they all face a problem now. Aganorsa Leaf sues Mombacho over the name.

Trademarks

It is not the first time that the Mombacho name is the subject of a trademark battle. There have been other legal disputes. But Tropical Tobacco aka Aganorsa Leaf is the trademark owner since 2004. That’s when the U.S. Patent and Trademark Office awarded Aganorsa the Mombacho Trademark. Aganorsa makes the Mombacho Miami, formerly known as Mombacho Thermonuclear. 

Mombacho Cigars however owns the trademarks in Canada and the United States. And when the brand made it to the United States it was under the Tierra Volcan name. But later, Mombacho became the name for the United States as well. Back in 2016, Mombacho Cigars argued that Aganorsa abandoned the trademark and tried to claim it. But the Mombacho Miami cigars were still available, yet in small numbers. An extremely small number, single-digit numbers to be precise. Yet, the sale of just one box is enough to remain the trademark owner so Mombacho Cigars lost that case.

Mombacho Cigars choose to use the Mombacho name in the United States. Aganorsa Leaf is now taking steps against what they consider a trademark violation. They argue that it is a trademark infringement and unfair competition. They want Mombacho Cigars to stop using the name in the United States. They also seek compensation for damages and legal fees.

Other cases

This isn’t the only copyright case in the cigar industry that’s in court. Guantanamera Cigar Company is still fighting Balmoral over the Balmoral Dueto. According to Guantanamera, they own the trademark to ‘duo’ and feel that the dueto is an infringement on their trademark. And My Father Cigars did sue Antigua Esteli not too long ago. Antigua Esteli and My Father Cigars came to an agreement before a judge could settle the case. The Cuenca y Blanco cigars from Joya de Nicaragua were changed to CyB over a trademark infringement. Drew Estate had to come to an agreement with cigar lawyer Frank Herrera. Herrera had cigars under his own name before Drew Estate came out with the Herrera Esteli lines.

There are also cases where copyright infringements are settled amicably. When Alec Bradley came up with the annual Hooligan, the idea was to call it Dirty Hooligan. All the artwork was made when Jonathan Drew made a call to Alan Rubin. Drew’s question was if Rubin could change the name as Drew Estate already had the Dirty Rat. Rubin’s immediate response was the change the name to Filthy Hooligan, even though all the artwork and swag were ready, costing Alec Bradley tens of thousands of dollars. Casdagli Cigars was known as Bespoke, but Alec Bradley has the Bespoke trademark in the United States. Jeremy Casdagli and Alan Rubin had a friendly conversation and a gentlemen’s agreement was made. And isn’t this the way that the cigar industry should work? Sit down, face to face, with a cigar and settle things amicably?