R. C. W., Supervisor, Inc. v. Cuban Tobacco Co.

FREDERICK van PELT BRYAN, District Judge.

Plaintiff R.C.W., Supervisor, Inc., (R. C.W.) sues to enjoin defendant, the Collector of Customs for the Port of New York, from giving effect to a directive of the Commissioner of Customs. The directive gives notice to customs officials throughout the United States of the recordation by defendant Cuban Tobacco Company, Inc. (Cuban Tobacco) of the trademarks “Cabanas” and “H. De Cabanas y Carbajal” pursuant to the provisions of § 42 of the Lanham Act (15 U.S.C. § 1124). 1 The effect of the recordation under § 42 is to make it illegal under § 526 of the…