Argument Flashcards
Introduction
May it please the court. My name is Laura Hemler and I am here this afternoon with my co counsel, John Sauder, representing the interests of the appellees, Cuban People Tobacco Enterprises, also known as TabaCuba.
There are 3 issues in this case. I will discuss the issues of why TabaCuba has priority and how there is a likelihood of confusion, and my co-counsel, Mr. Sauder, will address why ETM’s mark is a primarily geographically deceptively misdesriptive mark. We respectfully ask that this court affirm the district court’s decision on both issues under de novo review because TabaCuba is entitled to a judgment as a matter of law.
Priority Generally
On my first issues, TabaCuba has priority in the CONTRAMAESTRE because they acquired all the rights to the mark when CTE transferred all of it’s rights, titles, interests, and goodwill to TabaCuba at the time of the Cuban revolution. ETM stipulates to this fact on page 11 of the record. Upon a valid transfer of a mark, the new owner steps into the shoes of the predecessor and enjoys the predecessor’s rights in the mark dating back to its initial use. Since ETM stipulates that TabaCuba received rights to the
