In a developing trademark infringement case, Davidoff of Geneva USA Inc., a prolific cigar manufacturer, has submitted a motion to dismiss against a suit fronted by rival cigar company, Gurkha Cigar Group Inc. Gurkha Cigar Group’s claim focuses on the infringement of the “Dragon” trademarks, which it alleges are its own. However, Davidoff of Geneva disputes this claim, stating that, according to U.S. Patent and Trademark Office records, Gurkha does not actually own these marks.
Davidoff of Geneva draws from a precedent in ‘Heron Development Corp. v. Vacation Tours Inc’, where a similar suit was dismissed on the grounds that the plaintiff did not own the trademarks in question. Furthermore, Gurkha’s claims for a declaratory judgment are challenged by Davidoff on several fronts, including mandates of the Lanham Act.
Part of Gurkha’s declaratory judgment claim included that it applied to register the “Year of the Dragon” trademark for cigars. Its request for the court to endorse its entitlement to this registration was met with opposition from Davidoff of Geneva. Despite the unfolding situation, representative counsel from both Gurkha and Davidoff of Geneva have not provided any comments regarding the issue.
Davidoff of Geneva is represented by Jeffrey W. Gibson of Macfarlane Ferguson & McMullen. Conversely, Gurkha has enlisted the services of Richard Z. Lehv and Andrew Nietes of Fross Zelnick Lehrman & Zissu PC. The ongoing case number is 0:23-cv-62373, and it is currently playing out in the U.S. District Court for the Southern District of Florida.
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