Empresa Cubana Del Tabaco et al. v. Tequila Cuervo, S.A. Dec. V. 2013 FC 1010

Tequila Cuervo sought a trade-mark for LAZARO COHIBA based on proposed use in Canada with rum. Empresa Cubana Del Tabaco opposed by arguing, among other things, it would be confused with its COHIBA registered trade-marks used in conjunction with tobacco products. The Trade-marks Opposition Board rejected the opposition. The Federal Court overturned that decision on appeal based on new evidence filed. Finding COHIBA is a widely known brand across Canada, and recognizing the relationship between smoking and alcohol, it was found that a consumer would likely think that the rum was from the same source as the tobacco.