Philip Restifo

Las Vegas, Nevada 89149

E-mail Cigars555@cs.com

United States Federal Court

Honorable Judge Brian E Sandoval

Dated June 23, 2008

Dear Sir

In open court on June 11th, 2008, once again the attorneys for the Plaintiffs calling me a
counterfeiter, a person who disregards court orders, thief, lying about my income among
other things. The Plaintiffs having published in over 40 newspapers around the country as
well as the internet that “Philip Restifo and his companies are among the biggest
counterfeiters in the country”. To have my friends, family and their coworkers read
these publications has been the most embarrassing thing that ever happened in my life. To
sit in open court and not have the opportunity to defended myself against all the false
statements, out right lies, misinformation as well as distorting my testimony.

Plaintiffs asking the court to use my companies and me as an example for other
counterfeiters portraying me in the eyes of the court and the public as the Al Capone of
the cigar counterfeiting originations in the United States. Having my livelihood and
reputation taken from me after 47 years in business.

I’m 68 years old second generation Italian American born and raised in New York City,
married to the same woman for over 40 years, have 6 children eleven grandchildren and
one great grandchild – Voted in every presidential election from 1961 to the present, paid
my taxes – Had only 2 traffic tickets in over 50 years of driving. I have been self employed
for over 47 years, hold numerous Federal, State, County licenses, I have never been
convicted of any crime, arrested or accused of any type of crime. I was brought up
to live my life following all the rules which by example carried over to my children.

Eleven Years ago visiting my in-laws in Miami - Had dinner with a Cuban family who are
the third generation cigar manufacture from Cuba – Heard stories how Mr. Reys father
made cigars for Fidel called Cohiba to make a long story short – That’s how I got into the
Importing and sale of cigars. In 1997 after my family and I decided to manufacture a
premium Rum product and we named it Cohiba Caribbean’s Finest Rum researched all the
Federal and State laws and applied to all the appropriate agency’s for licenses, thus
beginning our liquor business at the time being Cohiba Caribbean’s Finest Premium Rum
was our flagship product which over the years has received numerous write-ups from
industry publications giving our product 4 Star, Highly Recommended, Best Buy which
gave us a sense pride.

No Company, Individually or entity holds a Trademark Under International Class 33 spirits

for Cohiba Caribbean’s Finest Rum or any other spirits using the name Cohiba.
Plaintiffs told the court “Restifo” wanted the public to think Rum and cigars came from
General Cigar - Plaintiffs never told the court that every bottle of rum ever sold over the
past 9 years has a PUBLIC NOTICE on the back label “Cohiba Caribbean’s Finest Rum
HAS NEVER BEEN AFFILIATED IN ANY MANNER WITH ANY CIGAR
MANUFACTURE USING THE NAME “COHIBA” All in Black Bold Font.

Plaintiffs told the court “Restifo said under oath” He had total disregard for the Cuban
Trademark. Plaintiffs never told the court that Restifo said almost word for word what
(Mr. Cullman, Jr. President) of General Cigar said under oath “ The Marketing Strategy
of General Cigar was to exploit the fame of the Cuban brand for the new General Cigar
product”.

Plaintiffs told the court Restifo has been counterfeiting Cohiba Cigars. Plaintiffs never told
the court that General Cigar & Don Rivera (Mr. Carlos Rey) were co-defendants in a
2001 case in the Dominican Republic sued by a third party over Cohiba brand name. Don
Rivera won the right to manufacture and sell Cohiba Caribbean’s Finest Cigars and
General Cigar won the right to manufacture in the duty free zone and export Cohiba Red
Dot cigars. Plaintiffs also never told the court that Restifo became the selling agent for
Don Rivera to import and sell Cohiba Caribbean’s Finest Cigars and other brands of cigars
in the United States under USA treaty with Dom Rep. Plaintiffs never told the court that
Defendants had been importing the CCF Cigars through US Customs and never had one
box seized by US Customs for any reason whatsoever for over 8 years before being sued.

Plaintiffs told the court Restifo did not counterfeit the Cohiba Caribbean’s Finest Rum.
Plaintiffs never told the court US Trademark refused General Cigars the trademark for
Cohiba under International class 033 Spirits. Plaintiffs told the court they (General Cigar)
are in the cigars business and management was thinking about going into the liquor
business. Plaintiffs never told the court that Defendants have been in the Importing,
manufacturing, bottling and sale of Cohiba Caribbean’s Finest Rum for over 9 consecutive
years in commerce.

Plaintiffs in all the hearings and motions before this Honorable court has never once
explained how is it possible for Defendant to counterfeit cigars that have been imported
from the manufacturer (Don Rivera) under a 10 year license granted by the courts in the
Dominican Republic. Under a United States Treaties signed with Caribbean Countries, any
country may Import products into the United States for sale as long as the products are
legally produced under the prevailing laws of the country of origin.

The Plaintiffs knowing Cohiba Caribbean’s Finest Rum has no basis in this case that fact
did not matter. Plaintiffs had mass mailing with misinformation around the country stating
they are the owners of the Cohiba name, which has succeeded in cutting my companies
liquor sales revenue by over 80 percent in the past 2 years. Who would want to purchase
any brand of liquor from a company and/or Individual with this kind of reputation?

One thing I know I’m Guilty of and that’s poor judgment in picking attorneys costing my
family and I over $180,000 dollars in fees. To have one attorney convicted on federal
fraud charges; have two other attorneys blame each other for not show up for a hearing
with months of prior notice from the court.

I respectfully request the court to afford my companies and me the right to present our
case at trial with proper legal representation. My request to the court although we may
think we have the right to Import and sell Cohiba Caribbean’s Finest Cigars we are willing
to sit down with the Plaintiffs and workout a compromise under the supervision of this
honorable court.

Sincerely

Philip Restifo