COHIBA Analysis
What is Judge Snider's view of Professor Kindra's approach to establishing the fame of Cohiba? Is her view consistent with the Trade Mark Act of Canada? Do you agree? What is the importance of her decision?
Professor Kindra approached this litigation by trying to prove that Cohiba is held on a high standard among the elite of society. Cohiba is a representation of the good life because rich and famous people are using this product instead of other products so those who want to emulate celebrities like 50 Cent should buy the products featured in his video. Cohiba is in the public opinion in the same bracket as Rolexes and Rolls-Royces are and should be treated as such. To allow a company to take their popular identity and try to copycat their image to their consumers is unethical and Cohiba reserves the right to maintain their brands integrity.
Judge Snider stated in the conclusion segment of the case, “ I am persuaded that tlre appeal should succeed. COHIBA is an iconic brand of cigar, associated with wealth and status. The fame of the brand extends beyond cigar smokers to the general population”
Professor Kindra and Judge Snider achieved the same viewpoint in this case, which led to Cohiba maintaining their brand identity and won the case.
The Trade Mark Act of Canada is meant to protect small businesses, maintain brand integrity and identity and ensure ethical business practices in competition situations. In this case, Cohiba winning the case proved that Cohiba’s trademark was in use longer, their products go hand in hand (liquor and tobacco) so they Jose Cuervo couldn’t use their name to name their liquor when tobacco products are being sold and used under the same name. Also, Cohiba has their own brand recognition from the use of pop culture and Jose Cuervo has their own notoriety so they should focus on their own branding.
I personally agree that this was the right decision. All companies should be protected under the threat of someone taking their identity because to some companies, that can be the most important thing and it would be damaging to a business if they were to get “bullied” into giving it away.
The importance of this decision was to show an example that even a smaller business can be protected and compete among the “Goliaths” of an industry without having to accept someone trying to take their branding. This gives hope to all self-starters and up-and-coming and allows them the opportunity to prosper in a competitive business climate and ensures that fair and ethical practices between competitors will take place.