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CI/CBID Threatens To Sue Local Cigar Event

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IT’S DAVID VS. GOLIATH IN THE CIGAR FESTIVAL WORLD

PEORIA, IL—March 26, 2007—In a classic David vs. Goliath conflict, a small Midwestern gathering of cigar lovers is changing the name of its event because of a threatened trademark infringement lawsuit by Cigars International, the self-proclaimed “#1 cigar retailer.”

Lucas Woith, producer of cigar events in central Illinois since October, 2004 , said he was contacted via e-mail by Cigars International and ordered to change the title of their upcoming event he had dubbed Midwest Cigar Fest. He has launched a national campaign on his website to come up with suggestions from cigar smokers for the new name.

Cigars International holds a trademark on the term “CIGARFEST” and it believes, unrealistically, there could be confusion over sponsorship and presentation of the two events.

Woith previously produced an event in Havana, IL known as the Havana Cigar Fest & Beach Bash, which received considerable national publicity last year for its “Top 10 Reasons to Smoke Cigars” contest and for the rich cigar-making history of Havana, which is about 40 miles south of Peoria, IL.

Cigars International sponsors a CIGARFEST event at a resort in Pennsylvania in May. Woith’s Midwest cigar event is planned for Sept. 8 just outside Peoria.

“My understanding is that there needs to be the likelihood that someone will confuse the events for there to be a trademark infringement,” Woith said. “We believe strongly that there is no chance the events will be confused.

“Admission to their event is $90 and for that you receive a humidor with 20 cigars and the chance to get 20 more cigars from manufacturers. Their event features that top 20 cigar makers, free food and beverages, music and several other parties and functions. It’s at a top-flight resort in Pennsylvania.

“Admission to our event is $5. It’s held outdoors in a park. We’ll have five or six retail cigar shops selling cigars, food and beverages available for purchase, a small art show, music, and maybe some cars and motorcycles on display. The differences are certainly much more significant than the similarities.”

The cost of defending the name against the threatened lawsuit is prohibitive, Woith said. “While we believe we have a strong case, we’re doing these events as more of a hobby than a business. We don’t have the deep pockets of a national cigar retailer to defend ourselves against a suit. It’s ironic, though, that our interest is in providing cigar smokers a pleasant, friendly atmosphere to share their passion for cigars at a time when smoking bans are all the rage in the country, and we’re being threatened with a lawsuit by a major retailer of cigars.”

To come up with a unique name for the event, Woith has launched a national contest looking for suggestions to fill out the Midwest Cigar ????? name. In just the first two days of the contest more than 50 entries were submitted. Entries are open until May 1, when a new name will be selected. Meanwhile, the event will be known as the Midwest Cigar ?????.
 
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As I put in my introduction thread, I am the producer of this event. Trademark law does not apply to descriptive words, which our title is, it's a fest, in the midwest, with cigars. We consulted several trademark attorneys regarding this matter, and they all told me we would win, that Midwest Cigar Fest in no way infringes on ther trademark of CIGARFEST. We however, don't have an extra $10,000 to defend ourselves in federal court.
 
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No matter what ruling a court would hold, this is a crappy situation. It certainly seems that people would not get the two events confused. Even if they did, it seems like your event is pretty darn sweet and nobody would mind showing up to it (especially for that price)!
 

kirscovitch

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your "event" sounds more like my cup of tea. i hate big crowds. dont think id bode well at Cigarfest or Bigsmoke....
 

tobby4

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honestly i think you are entering into a losing battle not changing the name..

you may could win but it is not worth it... that is just business
 
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They should be ashamed of them selfs,they should help not knock down the people that buy their goods.That is enough to make me shop else where.
 
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After this incident, and reading other comments on various message boards about thier customer service and other practices on cigarbid.com, we would not want them being a part of our fest.
 

Eric

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Why not just name it Midwest Cigar Festival and be done with it? Guess it makes good PR strategy for your event though...
 
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We are going to try and come up with something catchy. We went with Midwest Cigar Fest because it was easy, and our events previously were called the Havana Cigar Fest. We certainly are receiving some great PR for our event, which obviously we appreciate. The most important thing for us is getting our message across, and showing people across the country that there are still places where you can enjoy the fellowship of cigar smokers without being bothered with smoking bans and dirty looks.
 
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