hello

This message has been edited. Last edited by: Jennifer77,

Hi

This message has been edited. Last edited by: Ozz1113,

Likely you would not have a problem...chances close to nothing.

Technically...the use of an instrumentality of interstate commerce (i.e., the USPS) to transport contraband could be the basis of a money laundering count, a count for violation of the Trading With the Enemey Act, and federal RICO charges.

If you acquired the cigars legally (and these days, even licensed travelers to Cuba can't legally bring back any cigars), and they were declared, then they are your property legally in your possession, and you could smoke them, or give them away, and use the US Mail to do so. If not, then they are contraband.

Cigars are shipped back and forth in the US ALL THE TIME, without anyone being caught.

NOTE: The foregoing is mere OPINION, and is not intended as, and should not in any way be construed as, legal advice...

quote:

Originally posted by Jennifer77:
Sorry, I didn't clarify: I already have the cigars, here in my home. They were given to me by a Cuban friend.
Thanks for the response

Heh.
Go ahead and send them. Odds are nobody is going to know.

Given to you from a Cuban friend...well, that would open up to you the defense of "impossibility" because even if you believe them to be contraband, and for all intents and purposes the item purports to be an item of Cuban origin, if it is NOT, then no crime could possibly be committed. Hundreds, if not more, of tourists are stopped and have their cigars confiscated at various border points when, in fact, the cigars are not even of Cuban origin.

There is an alarmingly high incidence of counterfeit Cuban cigars, the proliferation of which stems from Cuba in many cases, but in most others, from other countries. Just because you got it from a Cuban doesn't make it legit by any stretch of the imagination. To most Cubans, cigars are cigars, tobacco is tobacco, and they can't fathom why we pay such top dollar for Cuban cigars when everybody and their aunt gets them for a fraction of the cost...on the black market...to sell to their family and friends in Miami, or wherever. And I'd bet the farm that what you have isn't what it purports to be. Mind you, the farm ain't that big, but I'd bet it.

So, looks like you don't have to worry...

Uhhh...whoops. As you've probably guessed, I am no cigar aficionado. And it turns out that the Cohiba cigars I have are from the Dominican Republic. I did some internet searching and mine look like this:

http://www.famous-smoke.com/cigars/search/stats.cfm/inu...iba-_-CI-COH-CORN5PK

Please don't make too much fun of me...I was just trying to be a good friend & I assumed that the cigars were Cuban because I thought Cohiba was Cuban? How can there be brands with the same name from different countries?

haha it's fine jennifer77, you just added a bright moment to my day. As far as the same name brands go it is actually a long story with legal battles, but basically courts ruled that the U.S. is allowed to use Cuban cigar brand names within the U.S. I believe

Actually, you have it a bit backwards. Trade names are intellectual property. When the revolution seized plants, factories, fixtures, equipment, fields, crops, tables, and everything else, intellectual property went with the owners who left and registered trademarks in the US. It has been the use by Cuba of names like Partagas, Upmann, Montecristo, and a slew of others, that has been illegal.

Altadis consolidated ownership of the names, so that may not be an issue in the future, but I could imagine a claim by a prior owner of the name for the use by Cuba of the name without their permission for however many years, seeking billions in damages from the Republic of Cuba.

One would think that "Cohiba" is an exception, but not really. The Republic of Cuba by and through Habanos, S.A., did not ever register the trademark...would not recognize US dominion...so another company outside of Cuba did, so even with Cohiba, there were problems with the name. Litigation ensued and the matter has been resolved.

But it's not that the non-Cuban companies are using the Cuban names, it's the other way around.

thanks for the clarifications ryj I know I've read this somewhere before but just can't quite remember how it all went. Now I know

quote:

Originally posted by ryj7x47:But it's not that the non-Cuban companies are using the Cuban names, it's the other way around.

In the States it is that way.

But as you know it is not that way in Canada and Europe.
(well Punch is the exception up here)

No...the names were trademarked internationally by the true owners...it's intellectual property that goes with the individual. For that reason, Cuba could not use Bacardi, or subsequently, the other names like Matusalem (rum) (although it still does with some types of rum, which is odd), or Hatuey (beer). Habanos never did anything to register those names, nor could they, and as a consequence has been using them for years without compensation to the owners of the names, whether in Spain, Italy, Canada or anywhere else. It's not merely an issue in the US.

quote:

Originally posted by ryj7x47: It's not merely an issue in the US.

It appears that the dust has settled everywhere but in the USA. The USA continues tormenting Cuba and other third world peoples.

The issue blew right over your head. The use by the Cuban cigar industry of names that belonged to others was illegal arguably until Altadis consolidated the ownership. It wasn't merely a US issue, it was international. Say you are a poster on the CA website, and use the name "QM". Assume you established a reputation, had pecuniary gain as a result, and everything was great because CA provided the context. Then, assume that some thugs came in and took over CA...and wanted everything that went along with CA...including what you were about. Rather than capitulate, you forever leave CA, and post elsewhere, and register your "QM" there so that nobody else could use it. You regain your status in the community, including the pecuniary advantage.

Then, all of a sudden, you see that the thugs who took over CA are using "QM" to make money...using your reputation, your name, your trademark, your intellectual property, what you created and established...to your exclusion. They didn't ask your permission, they didn't have your authority, to do any of that, they just did it because it was a name lying around when they took over that had some fame.

Their doing so would be illegal, whether in France, Italy, Canada, or the US. That's YOUR name, that YOU established...how DARE they make money off of you!!

If you eventually sold off your name to some other company, one that also acquired an interest in the thug, things might be better for you, because it's not your name any longer.

Take that a step further, if the thugs later come in and try to keep using "QM" to make money in a new market, would you sit back and let them? Even though they made hundreds of millions of dollars over the past 50 years doing so? Or would you say, hey, wait a minute...even though I don't own "QM" any more, you thugs owe me for using that name all that time.

I know ryj7x47 has taken some heat over previous posts, but I have to say he's dead on the money with his take on IPRs. I don't know that the CA forums is the best analogy to use, since when we agree to the terms (as is on most forums), we allow the host to use any part of the text or contents for reproduction. The most popular example is the pirating of CD's and DVD's as people are reproducing copyrighted media without the artist or record/movie companies permission. If you have a copy of the April CA, there was a very good article on IPR violations.

Altadis owns 50% of Habanos SA the Cuban tobacco monopoly.
Altadis is owned by Imperial Tobacco the big Britt consortium.

Altadis also produces the non-Cuban versions of a few also produced in Cuba marcas.

Now I don't know what the net impact of this is other than that up here we have the Dominican Punch and everything else is Cuban. This has not changed in yaers.

We have Fuentes, Don Asa, Don Carlos etc. but no dominican Cohibas, Montes, hupps, hoyos etc.. None of those.

Imperial Tobacco has had major activities up here for 100 years. The GWN tobacco market is completely different than that of the States.

I am not making a point. Just stating what the situation appears to be from my POV.
In other words Imperial Tobacco seems to be all powerful in this and so far no one is suing them up here.