1. how does the paris convention impact this case? 2. if cubatabavo is succesful in cancellong the mark, is it likely to be able to register COHIBA in the united state? 3. the issue in this case and important facts?

Empresa Cubana del Tabaco v. General Cigar Co., Inc., 753 F.3d 1270 (Fed. Cir. 2014), cert denied Trademarks Up in Smoke! Both Cubatabaco and General Cigar manufacture and distrib- evident in the USPTO's refusal of the pending application ute cigars using the COHIBA mark. General Cigar is a based on a likelihood of confusion with the Registrations. A Delaware corporation. It owns two trademark registrations petitioner is authorized by statute to seek cancellation of a for the COHIBA mark for use in connection with cigars. mark where it has both a 'real interest in the proceedings Cubatabaco is a Cuban entity that owns the COHIBA mark as well as a 'reasonable' basis for its belief of damage." in Cuba and supplies cigars bearing the mark throughout the Shut EmDown Sports, Inc. v. Lacy, 102 U.S.P.Q.2d 1036, world. Cubatabaco does not distribute its cigars in the United 1041 (TTAB 2012) (citing Ritchie v. Simpson, 170 F.3d States due to import restrictions imposed by the Cuban Assets 1092 (Fed. Cir. 1999)). And a pending application that Control Regulations (CACR). An exception to the CACR has been refused registration based on a likelihood of confu- allows Cuban entities to engage in transactions related to the sion with a registered mark is sufficient to show that the registration and renewal of trademarks before the USPTO. petitioner seeking to cancel the registered mark is the type Cubatabaco sought to register COHIBA for cigars and related of party Congress authorized under 15 U.S.C. $ 1064. Id. goods. Cubatabaco also sought to cancel General Cigar's (citing Lipton Indus., Inc. v. Ralston Purina Co., 670 F.2d registrations. General Cigar opposed the cancellation. 1024, 1029 (CCPA 1982)). Section 44(e) of the Lanham Act, 15 U.S.C. $ 1126(e), only requires that Cubatabaco JUDICIAL OPINION have a bona fide intent to use the mark in commerce rather RADER, C. J.... Because the USPTO refused Cubatabaco than requiring actual use before registration. Cubatabaco registration based on a likelihood of confusion with General therefore has a legitimate interest in the cancellation of the Cigar's Registrations, Cubatabaco has a real interest in can- Registrations that are causing Cubatabaco damage by block- celling the Registrations and a reasonable belief that the ing its application. Indeed, if Cubatabaco proves successful Registrations blocking its application are causing it damage. in the cancellation proceedings, it could obtain registration Cubatabaco therefore has a cause of action under the Lan- of the COHIBA mark. ham Act to seek cancellation of the Registrations. The Lanham Act provides a cause of action to any QUESTIONS person who believes that he is or will be damaged ... by the registration of a mark" to petition the USPTO to cancel 1. How does the Paris Convention impact this case? the mark. 15 U.S.C. $ 1064. 2. If Cubatabaco is successful in cancelling the mark, is it Furthermore, Cubatabaco has a legitimate commercial likely to be able to register COHIBA in the United interest in the COHIBA mark. Indeed, that interest appears States