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ESTTA422966 08/02/2011

Proceeding Party

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD 92053597 Plaintiff Corporacion Habanos, S.A., and Empresa Cubana Del Tabaco, d.b.a. Cubatabaco DAVID B GOLDSTEIN RABINOWITZ BOUDIN STANDARD KRINSKY & LIEBERMAN PC 45 BROADWAY, SUITE 1700 NEW YORK, NY 10006-3791 UNITED STATES Other Motions/Papers David B. Goldstein, /David B. Goldstein/ 08/02/2011 H Gold Petitioners' Motion 8.2.2011.pdf ( 5 pages )(238685 bytes ) H Gold D Goldstein decl. 8.2.2011.pdf ( 3 pages )(137349 bytes ) H Gold Exhibits 1-6.pdf ( 32 pages )(1022718 bytes )

Correspondence Address

Submission Filer's Name Filer's e-mail Signature Date Attachments


IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD ________________________________________________ CORPORACION HABANOS, S.A., and EMPRESA ) CUBANA DEL TABACO, d.b.a. CUBATABACO, ) ) Petitioners, ) ) v. ) Cancellation No. 92053597 ) ALEX GOLDMAN, ) ) Registrant. ) ) PETITIONERS’ INITIAL DISCLOSURES Pursuant to Fed. R. Civ. P. 26(a)(1), 37 C.F.R. § 2.120, Petitioners CORPORACION HABANOS, S.A. ("Habanos, S.A.") and EMPRESA CUBANA DEL TABACO (“Cubatabaco”) (together “Petitioners”) hereby make their initial disclosures, as follows: Petitioners hereby reserve the right to supplement or to amend any and all parts of these disclosures, including as additional information becomes available through discovery or otherwise, and including to identify other or additional fact witnesses. Pursuant to Fed. R. Civ. P. 26(a)(1)(A)(ii), nothing herein shall apply to documents not currently in the possession, custody, or control of Petitioners, including publicly available documents which Petitioners may use to support their claims or defenses. 1. Pursuant to Fed. R. Civ. P. 26(a)(1)(A)(i), Petitioners identify Ana Lopez Garcia,

Director of Marketing, Corporacion Habanos, S.A., Avenida 3ra, #2006, e/20 y 22, Miramar, Havana, Cuba, and residing at Calle 480, between 9th y Final, Guanabo, Havana City, Cuba. The subjects of Sra. Garcia’s information include, but are not necessarily limited to, Petitioners’ Cuban origin cigar products; cigar products produced, sold, or marketed in Cuba and elsewhere; Havana, Cuba’s role in the production and export of Cuban origin cigars; Petitioners’ marketing,

promotion, distribution and sales activities concerning Cuban origin cigars and tobacco; the use and meaning of “Havana” and variants such as “Habana/o(s),” in connection with tobacco, cigars and other tobacco products; and Petitioners’ trademarks and appellations (or denominations) of origin, including, but not limited to, HABANA and HABANOS. 2. Pursuant to Fed. R. Civ. P. 26(a)(1)(A)(ii), Petitioners identify the following

categories of documents: a. Publicly available documents that may be relevant to this proceeding, including in

magazines, books, newspapers, dictionaries, encyclopedias, databases such as those maintained by Westlaw, Lexis/Nexis, and the USPTO, and internet documents, concerning the meaning of “Havana,” “Habana,” “Habano” and related terms, including concerning tobacco, cigars, and other tobacco products, and the cigar industry; Cuba’s and Havana, Cuba’s renown as a source of cigars and cigar tobacco; the marketing of cigars in the United States and elsewhere, including based on false and deceptive claims of some association or connection to Cuba, Havana, Cuba, or Cuban-origin tobacco or cigars, including by “Cuban seed” claims; the desire and interest of U.S. consumers for cigars because of their belief that the cigars have a Cuban origin; Registrant’s “Habana Gold” products; and documents filed with the USPTO, to the extent that any such documents are in the possession, custody, or control of Petitioners, located in their offices in Havana, Cuba or through their counsel in New York City. b. Documents, to the extent they are relevant to this proceeding, concerning the

registrations, English-language translations, marketing, use and distribution of Petitioners’ marks and appellations (denominations) of origin, including, but not limited to, LA CASA DEL HABANO, HABANOS UNICOS DESDE 1492, HABANOS and


HABANA, and the production, distribution, marketing and sales of cigars in Cuba and elsewhere. These documents are located in Petitioners’ offices in Havana, Cuba or through their counsel in New York City.

Dated: May 19, 2011 Respectfully submitted, By: /David B. Goldstein/ DAVID B. GOLDSTEIN RABINOWITZ, BOUDIN, STANDARD, KRINSKY & LIEBERMAN, P.C. 45 Broadway – Suite 1700 New York, New York 10006-3791 212-254-1111 Attorneys for Petitioners Corporacion Habanos, S.A. and Empresa Cubana del Tabaco

CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing Petitioners’ Initial Disclosures was served on Registrant by mailing, postage prepaid, said copy on May 19, 2011, via U.S. first-class mail, to: Robert C. Faber Ostrolenk Faber LLP 1180 Avenue of the Americas New York, NY 10036-8403

/David B. Goldstein/ David B. Goldstein







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