German Court Rules Against Non-Cuban Firms Using “Habano” & “Cubano”

Habanos S.A., the renowned Cuban cigar powerhouse, declares victory in a legal battle regarding the use of terms such as “Habano” and “Cubano” by its competitors in Germany.

The dispute arose in 2020 when Habanos S.A. petitioned a Munich court, asserting that the use of terms like “Habano” and “Cubano”—the latter in reference to a seed varietal known as Piloto Cubano—by other companies infringed upon the geographical indications protections afforded to Cuban cigars. Central to the debate was whether German law permitted the use of terms like Cuba—or its derivatives—and Habana—or its derivatives—to describe cigars not originating from Cuba.

While the court records remain undisclosed, Habanos S.A. claims victory in several lower courts in Munich. Most recently, the Bundesgerichtshof—the highest civil court in Germany—affirmed the previous rulings.

The implications of this decision are yet to unfold, but it is anticipated that other companies will cease using terms like Cubano, Cuba, and Habano in both packaging and marketing materials in Germany. While non-Cuban cigar manufacturers may not fully grasp the ramifications of the German court rulings, German importers and distributors are likely acutely aware of the issue, particularly given Habanos S.A.’s reputation for litigation. Most new world companies have already been using ‘Sun Grown’ to indicate Habano on the European market for many years.

Even in the United States, where it cannot directly market its products due to the embargo against Cuban goods, Habanos S.A. has been entangled in numerous legal battles over names and trademarks. Notably, the company has been engaged in a protracted legal feud with General Cigar Co. for over 25 years regarding the Cohiba trademark in the U.S., with the dispute ongoing. Additionally, it has pursued legal action against entities like XIKAR for attempting to register the name “Havana Collection.”