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INTA Moot Court > Facts > Flashcards

Facts Flashcards

1
Q

the district court decided TabaCuba was entitled to a judgment…

A

as a matter of law

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2
Q

generally, why did the district court decide TabaCuba was entitled to summary judgment?

A

because there were no disputed issues of material fact in the case

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3
Q

what is special about Contramaestre soil?

A
  • geologists believe it to be of volcanic origin

- very fertile soil where a particular strain of tobacco flourishes

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4
Q

when did Contramaestre brand cigars start being produced?

A

1938

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5
Q

in 1938, how were Contramaestre cigars distributed?

A

worldwide

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6
Q

what page in the record states that CONTRAMAESTRE has long since acquired secondary meaning in the United States and other markets?

A

pg. 3

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7
Q

what year was the Cuban revolution?

A

1959

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8
Q

what does CTE stand for?

A

Cuba Tobacco Exporters

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9
Q

before the cuban revolution, who owned the contramaestre valleys?

A

CTE

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10
Q

what was the make up of CTE?

A

500 employees, primarily owned by US investors

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11
Q

who produced almost all Contramaestre branded cigars before the Cuban revolution?

A

CTE

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12
Q

did CTE distribute large quantities of cigars to the US before the Cuban revolution?

A

yes

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13
Q

Contramaestre cigars were known as what?

A

the best of the best cigars from Cuba (pg. 4)

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14
Q

did Contramaestre cigars become “the” cigars to smoke?

A

yes

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15
Q

where id the officers, managers, supervisors, other employees and their families go when they left Cuba at the time of the revolution?

A

the DR

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16
Q

what did CTE take with them to the DR?

A

most of the equipment in the factory, remaining supply of Contrameastre tobacco seed, the actual plants.

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17
Q

who order the fields be scorched?

A

CTE’s owners

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18
Q

who occupied the valleys after CTE left?

A

sugar cane farmers

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19
Q

how long did sugar cane farmers occupy the valleys before TabaCuba reconstituted Contramaestre’s tobacco business?

A

a few years

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20
Q

what type of business is TabaCuba?

A

a for profit business that is part of the new state tobacco monopoly

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21
Q

what year was TabaCuba established?

A

1959

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22
Q

is TabaCuba the exclusive manufacturer of virtually all cigars made in Cuba after the Cuban revolution?

A

yes

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23
Q

did Contramaestre cigars taste a bit different when TabaCuba started making them?

A

Yes, perhaps because of the scorched earth and sugar cane famers

24
Q

did the reputation of Contramaestre cigars diminish in though the cigars tasted a bit different when TabaCuba started producing them?

A

no (pg. 5)

25
Q

which city did CTE first go to after leaving Cuba?

A

Puerto Plata

26
Q

under what condition did the DR allow CTE to start producing cigars?

A

DR took an ownership stake in the company

27
Q

when did CTE change their name to ETM?

A

when they moved to the DR at the time of the Cuban revolution?

28
Q

what happened after ETM’s plants did not do well in puerto plata?

A

they scouted the Caribbean looking for the soil that was most like Contramaestre’s soil

29
Q

Where did ETM set up head quarters after their plants did not do well in Puerto Plata?

A

Plymouth, Montserrat in the British Leeward Islands

30
Q

did ETM use the original contramaestre seeds when they planted on the leeward islands?

A

yes

31
Q

where did ETM grow the tobacco? where did ETM get labor to harvest the tobacco? where did ETM roll the tobacco?

A

grown in the leeward islands; labor came from Plymouth; rolled in DR (pg. 6)

32
Q

why did ETM change the name of its Contramaestre cigars to PLYMOUTH and PUERTO PLATA?

A

b/c the people in the DR, which is where the cigars were rolled, had a disdain for a Cuban name being applied to “local” tobacco

33
Q

how did ETM market their cigars to the US after settling in the leeward islands?

A

as Puerto Plata and Plymouth (pg. 6)

34
Q

when did the US put the embargo in place?

A

October 1960

35
Q

when did Fidel Castro ban the sale of Cuban cigars to the US?

A

some time before the US embargo was put in place in October 1960

36
Q

did Fidel Castro ban the sale of cuban cigars to the US before TabaCuba began producing the cigars?

A

yes

37
Q

has the US market demanded Contramaestre cigars since the embargo?

A

yes, it has been a persistent demand with lots of press coverage

38
Q

during the embargo, were TabaCuba’s cigars distributed to everyone but the US?

A

yes

39
Q

what did TabaCuba’s cigars not lose during the embargo?

A

their renown

40
Q

How did TabaCuba’s cigars come into the US during the embargo?

A
  • travelers who went to countries where the cigars were not banned
  • impossible to determine the magnitude of illegal imports
  • cigars seized at border checkpoints
  • shipped directly to cigar aficionados and cigar store owners
41
Q

when did ETM finally have success selling their PUERTO PLATA and PLYMOUTH cigars?

A

in the mid 1970’s

42
Q

why did ETM’s cigars finally succeed in the mid 1970’s?

A

the places where the tobacco was being farmed (4 valleys on Montserrat, Nevis, and Redonda) were the same size, shape, geographic orientation

43
Q

when did ETM change the name of its cigars from PUERTO PLATA and PLYMOUTH to CONTRAMAESTRE COLORADO MADURO?

A

In 1999

44
Q

why did ETM change the name of its cigars to CONTRAMAESTREAN COLORADO MADURO?

A

to capitalize on a US market that had never lost its love for CONTRAMAESTRE cigars

45
Q

when did ETM incorporate its subsidiary Expatabac?

A

in 1999

46
Q

what was ETM’s purpose for incoporating its subsidiary Expatabac?

A

for the purpose of importing, selling, and offering for sale CONTRAMAESTREAN COLORADO MADURO cigars

47
Q

What does “Colorado Maduro” mean?

A

it is a designation of color of the leaf in which the interior, cut, tobacco is wrapped. The original cuban CONTRAMAESTRE cigars had, in fact, been “Colorado Maduro” cigars and they remain as such, but thee is no evidence in the record that they were ever sold or marketed this way.

48
Q

who funded blindfolded expert taste tests in Canada and Mexico?

A

ETM

49
Q

could the experts in the blindfolded taste test distinguish b/t ETM’s and TabaCuba’s cigars?

A

No but some noted ETM’s cigars were superior to TabaCuba’s

50
Q

when did ETM begin importing Contramaestre Colorado Maduro cigars into the US?

A

2000

51
Q

Who makes up ETM’s market for Contramaestrean Colorado Maduro cigars?

A
  • 67% is caterers of banqets, private clubs, business hotels

- 33% high end tobacconists and mail-order houses

52
Q

are there other cigars that are more expensive the Contrameastrean Colorado Maduro cigars?

A

yes, Haitian cigars known as zombies

53
Q

when did Expatabac file a use based application to register Contramaestrean Colorado Maduro on the principal register for “fine cigars” in US International Class 34?

A

December 1, 2013

54
Q

when was US registration issued for Contramaestrean Colorado Maduro?

A

January 7, 2014

55
Q

when was the US embargo lifted?

A

June 1, 2015

56
Q

did TabaCuba immediately begin importing cigars into the US when the embargo was lifted?

A

yes

INTA Moot Court (2 decks)

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