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EMPRESA CUBANA DEL TABACO v. CULBRO CORPORATION

United States District Court, Southern District of New York


April 24, 2003

EMPRESA CUBANA DEL TABACO, D/B/A CUBATABACO, PLAINTIFF, AGAINST CULBRO CORPORATION AND GENERAL CIGAR CO., INC., DEFENDANTS.

The opinion of the court was delivered by: Robert W. Sweet, United States District Judge.

MEMORANDUM OPINION

Plaintiff Empresa Cubana del Tabaco d/b/a Cubatabaco ("Cubatabaco") has moved in limine to preclude defendant General Cigar Co. ("General Cigar") from offering evidence relating to General Cigar's Cohiba Extra Vigoroso ("Cohiba XV") cigar on the grounds that General Cigar has not provided discovery on that subject.

Cubatabaco filed the motion on March 31, 2003. General Cigar responded on April 14, 2003, and Cubatabaco replied on April 21, 2003. The motion was considered fully submitted on April 23, 2003.

Discovery obligations in this case were limited to the period ending October 10, 2001. The Cohiba XV was apparently sold to the public starting in November 2001. Cubatabaco seeks to offer evidence with respect to certain practices of General Cigar in connection with the sales of the Cohiba XV as evidence of bad faith with respect to its use of the Cohiba mark.

General Cigar has stated that it does not intend to introduce any evidence with regard to the Cohiba XV. It has not designated any exhibits or deposition testimony on the issue at this time.*fn1 As a result, any order of preclusion would be premature. The issue will be dealt with if General Cigar seeks to use or introduce at trial any evidence regarding the Cohiba XV that has not been produced to Cubatabaco or that has not already been introduced by Cubatabaco.

It is so ordered.


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