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St. Thomas Law Review

First Page

509

Document Type

Comment

Abstract

In early 2006, the United States Government indicted five men from South Florida for the conspiracy to traffic and the intentional trafficking of counterfeit cigars under the federal Counterfeit Trademark Act. The indictments allegedly protect cigar trademarks of American and international companies registered with the United States Patent and Trademark Office. However, the indictments are mere furtive attempts by the Government to protect the property rights of the true owners of the marks, a Spanish corporation, Altadis, S.A., which happens to be the world's leading cigar manufacturer and part owner of Habanos, S.A., a Cuban cigar manufacturer owned by the Castro government. Protecting Altadis', and thereby the Cuban government's, property interests clearly would be in direct violation of the United States Embargo against Cuba. How can the Government circumvent this legislation, thereby rendering it obsolete, by misleading federal courts into hearing cases they otherwise have no jurisdiction to hear? This comment will address the implications of the Government's actions in the continued prosecution of defendants for the violation of trademark "rights" that are inherently unprotected under federal law. First, it will examine the legislation set forth by Congress to implement a stem public policy against Castro's Cuban government. Next, against the foundation laid by this legislation, the comment will discuss the prosecutions pending in the Southern District of Florida, proposing that unless a federal court declares the Embargo, or any other similar restrictive legislation, unconstitutional, the court must follow its incumbent duty to "say what the law is," and hold that a trademark supposedly owned by the Cuban government, or any of its agents, constitutes an interest that has been made legally void, based on the protection of the true owner's property interest.

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