PCC HK Trademark Fake Ruling Singapore

[El Presidente]

PCC HK Trademark Fake Ruling Singapore

FOR IMMEDIATE RELEASE

THE PACIFIC CIGAR COMPANY WINS LANDMARK CUBAN CIGAR TRADEMARK INFRINGEMENT CASE

4 June 2007 – SINGAPORE (The Pacific Cigar Company) – The Pacific Cigar Company (Singapore) Pte Ltd has won the first tobacco trademark infringement case in Singapore that involves counterfeit cigars. The operators of local firm Cigar Affair, Mr Jacob Quek Gim Siew and his wife, Ms Esther Goh Soo Im, were convicted on 21st May of the offences of exposing for sale and having in their possession for purpose of trade more than fifteen hundred counterfeit cigars, to which the trademarks “Cohiba” or “Partagas” had been falsely applied. Ms Esther Goh was also convicted of two additional charges of having sold 2 boxes of counterfeit “Cohiba” and “Partagas” cigars. The trademarks are owned by the renowned Cuban company, Habanos SA, the only company authorized by the Government of Cuba to sell Habanos cigars.

Although supporting evidence was presented as to the physical appearance – shape, size, colour – of the cigars and boxes, the prosecution succeeded in proving that the cigars were counterfeit primarily by using empirical evidence as to the serial numbers on warranty seals and the factory and date codes which Habonos SA used on their genuine products. Many of the cigars seized from Cigar Affair purported to be Cohiba Robustos Limited Edition cigars and Partagas Piramides Limited Edition 2001 cigars. The prosecution also proved that these were counterfeit by the fact that Habanos SA never produced Cohiba Robustos as limited edition cigars, nor Partagas Piramides as Limited Edition 2001 cigars.

“I am delighted with the success of the prosecution. The sale of counterfeit goods is an offence of dishonesty, and such offences fundamentally undermine Singapore’s reputation as a centre for intellectual property rights.” commented Mr Chia Chor Leong, who acted for the public prosecutor and is a Director of the legal firm Citilegal, solicitors for The Pacific Cigar Company.

Significantly, the prosecution used video recording of the evidence in place of the physical exhibits. In addition to the two boxes of cigars bought as a ‘trap purchase’ at Cigar Affair’s retail outlet, the video taped evidence comprised of the items seized by police during a raid of the premises in August 2004. With foresight and as a precaution, the prosecution had engaged private investigators, supervised by two policemen, to film the evidence on video tape after the court ordered the seized items to be returned to the respondents in December 2005. At that time, the court had told the respondents that they may be called upon to produce the returned goods as evidence during the ongoing criminal trial. “Instead, they sold off all of the goods after they were returned, so it was fortunate that we had filmed them before the respondents could sell them.” says Mr Chia.

Cigar Affair was not just a cigar retailer; it was also a wholesaler and an exporter. During the trial, Jacob Quek told the court that Cigar Affair’s clients were well-heeled and included reputable hotels and fine dining places to which Cigar Affair supplied cigars.

“I am very pleased with the outcome of the trial, because they can no longer hide behind a veil of credibility that Cigar Affair was an authorized distributor of our company and thereby Habanos SA, while trying to camouflage their illegal activities. Furthermore it will help protect our clients against companies like Cigar Affair, selling fake Cubans cigars”, said Dag Holmboe, CEO of The Pacific Cigar Company Limited, the exclusive distributor for Asia Pacific of all cigars manufactured in Cuba from Habanos SA.

Habanos Cuban cigars are world famous and coveted luxury goods. The boxes bought by the private investigator as a trap purchase, as well as many of the boxes seized from Cigar Affair in August 2004, were labeled “Cohiba Robustos Edicion Limitada”, or “Cohiba Robustos Edicion Limitada 2001”, or “Partagas Piramides Edicion Limitada 2001”. Habanos SA never produced Cohiba Robustos in limited edition, nor Partagas Piramides as a limited edition dated 2001. Moreover, Cigar Affair sold two boxes as limited edition cigars to the private investigators for $4,000, or $80 a stick, almost twice the recommended retail price of genuine standard Habanos cigars distributed by The Pacific Cigar Company.

The relevant section under which the respondents were charged is section 49 of the Trade Marks Act (Cap 332). The law states that any person who imports into Singapore for the purpose of trade or manufacture; sells or offers or exposes for sale; or has in his possession for the purpose of trade or manufacture any goods to which a trade mark is falsely applied shall be guilty of an offence, unless he proves that he has taken all reasonable precautions against committing the offence, and at the time of the commission of the alleged offence had no reason to suspect the genuineness of the mark, and on demand of the prosecution gave all the information in his power with respect to the persons from whom he obtained the goods, or he had acted innocently.

The court found that neither Jacob Quek nor Esther Goh had succeeded in establishing this defence.

Concerned retailers or cigar collectors who suspect they may have counterfeit product should refer to the website of Habanos SA to check the marks of authenticity, or approach any of their authorized distributors worldwide, as listed on their website. Authorized distributors can help to verify the authenticity of suspect cigars.

On Tuesday, 5th of June, 2007, Quek and Goh will be sentenced by a Magistrate of the Subordinate Courts of the Republic of Singapore. Meanwhile, Quek and Goh have respectively filed an appeal to the High Court against conviction.

- ENDS -

Media Contact

Illka Gobius

Principal Consultant

Verve MPR Pte Ltd

Tel +65 6728 3820

Fax +65 6728 3863

e: [email protected]

Company Contact

Ms Wishnu Bintang

Regional General Manager

The Pacific Cigar Company (Singapore) Pte Ltd

Tel +65 6324-2150

Tel +65 6324-2151

e: [email protected]

Notes to Editors

1. The Habanos Denomination of Origin is applied only to cigars in which 100 per cent of the tobacco used has been grown in Cuba. Likewise, it is an essential requirement that all cigars manufactured in Cuba are subjected to numerous quality control checks, both during the agricultural and curing process, as well as during all stages of manufacturing in the factory.

The Habanos Cuban cigar trademark printed on the boxes of brand names is the guarantee that these cigars are from Habanos SA. This is a guarantee of quality and origin that is awarded to only the best cigars manufactured in Cuba under the strictest quality control measures, with the best leaves selected from the island's tobacco regions.

2. A warranty seal issued by the Government of Cuba with a unique serial number is used to seal Habanos SA cigar boxes.

3. The factory code and date code stamped on the box determine when and where the product was manufactured.

4. The Pacific Cigar Company Singapore Pte Ltd is a subsidiary of the Pacific Cigar Company Ltd, Hong Kong, the exclusive distributor for Asia Pacific of cigars manufactured in Cuba for Habanos SA.

5. Refer to the images supplied in the press kit for details of serial numbers and factory and date codes.

6. The cigars found to be counterfeit were summarized in the table of Alain Fauchier ‘s evidence on page 55 of the Judgment, citation number [2007] SGMC 14.

7. The Business Times reported on the allegations by the Pacific Cigar Company on the 28th of July 2005 of counterfeit activity, in the article on page 2, “Cigar Scene Set Alight After Counterfeit Claim”, written by Wee Li-En.

8. The Straits Times Singapore reported on the return of the seized goods in an article on the 28th of December 2005 in the article “Seized Cuban Cigars Returned to Local Firm”, written by Elena Chong.

[jsd]

Great story. Im glad I never bought from them. I got my Cohiba Robusto LEs from a reputable source ;-)

[El Presidente]

» Great story. Im glad I never bought from them. I got my Cohiba Robusto LEs

» from a reputable source ;-)

Seriously, congratulations to Dag Holmboe. I know how hard he had chased this conviction at great cost.

I know Cigar Affair. They have sold into Australia to various retailers. We were approached to be wholesalers a number of years ago and alerted Angelo Giaanakopolous of PCC Australia and Dag Holmboe of PCC HK. I was in Singapore on business when I visited the store and and saw the Cohiba Robusto LE. That is all I really needed to know to confirm my suspicions.

The question is who supplied them? They were dealing in significant quantities. I will endeavour to find out if this information was released.

[Mr. Japan]

Ciao, this is a great issue and I'm glad that HABANOS has declared that no Partagas 2001 LE have been processed.

In Swittzerland a famous merchant (XXXXXX) has sold in the past several boxes (I have frankly smoked few stick given me by a friend and they where good) and I have always said that must be fakes (GOOD FAKES but FAKES).

And, I do not know if thrue but another friend has said that he has purchased from LCDH of Lisbon (Portugal) 2 boxes , in the past, of Partagas LE 2001.

How can this ben posible (I mean LCDH selling fakes?)

I would like to get major info from PCC or Rob.

Gino

[genevapics]

Wasn't a young american male supposed to be caned by the Singapore Gov't for an offense which he committed? It was within the last 10 years I believe. The Singapore Gov't needs to do the same thing here to these people. Cigar Affair? Never heard of them. I'll need to do a Google search and see what comes up.

Scum bags is the first thing that comes to mind. Glad they were caught. Nice read, Rob.

[swl]

» Wasn't a young american male supposed to be caned by the Singapore Gov't

» for an offense which he committed? It was within the last 10 years I

» believe. The Singapore Gov't needs to do the same thing here to these

» people. Cigar Affair? Never heard of them. I'll need to do a Google

» search and see what comes up.

»

» Scum bags is the first thing that comes to mind. Glad they were

» caught. Nice read, Rob.

The canning was for the offence of chewing gum whose importation and use is illegal in Singapore

[avid toker]

Remind me, when were the Partagas Piramides EL's released?

[GoSteelers]

» » Wasn't a young american male supposed to be caned by the Singapore Gov't

» » for an offense which he committed? It was within the last 10 years I

» » believe. The Singapore Gov't needs to do the same thing here to these

» » people. Cigar Affair? Never heard of them. I'll need to do a Google

» » search and see what comes up.

» »

» » Scum bags is the first thing that comes to mind. Glad they were

» » caught. Nice read, Rob.

»

» The canning was for the offence of chewing gum whose importation and use

» is illegal in Singapore

The American boy was caned for vandalism (seems that he spray painted some grafitti).

These bastards deffinately deserve no less!!!

[Colt45]

» Remind me, when were the Partagas Piramides EL's released?

2000

[Tampa1257]

» Ciao, this is a great issue and I'm glad that HABANOS has declared that no

» Partagas 2001 LE have been processed.

»

» How can this ben posible (I mean LCDH selling fakes?)

»

»

» Gino

Gino,

Let me clarify something, Habanos did not state that there were no Edición Limitada's from Partagas made in 2001, they stated that there were no Partagas Piramides as Limited Edición 2001 cigars. So depending on what was being sold at the LCDH, it was probably authentic.

Here is a list of items that were Officially released from Habanos SA during 2001:

2001

Cohiba 35 Aniversario – 500 humidors with 135 cigars

Montecristo Compay 95th Anniversary Humidor – 95 humidors with 95 cigars

Trinidad “Farm House” – 100 humidors with 20 cigars

Cuaba Salomones Book - 300 Books with 10 cigars each

Cohiba Piramide EL – ??? boxes with 25 cigars

Hoyo de Monterrey Particulares EL – ??? boxes with 5 cigars

Montecristo Double Corona EL – ??? boxes with 25 cigars

Partagas Serie D No. 3 EL – ??? boxes with 25 cigars

Romeo y Julieta Robusto EL – ??? boxes with 25 cigars

Tampa

[Mr. Japan]

Yes Tampa, I meant no pyramid processed by Partagas LE.

But I have bringed up this issue on our italian board

http://www.cigarassociation.it/forum/post.asp?id=6548

and there are friends (that I personally know) that have purchased the cigars in LCDH shops. Please check just to see the photos of a superb cigar.

I can also add that I received one cigar as gift and it was good.

Also in teh same issue another close friend pointed out that he has purchased at la Tienda of R&Julieta at l'Havana a box of ROBUSTO R&J LE 2003 :-( :-( :-( :-(

Hey It's Cuba :-)

[avid toker]

» » Remind me, when were the Partagas Piramides EL's released?

»

» 2000

Thanks!

[El Presidente]

» Ciao, this is a great issue and I'm glad that HABANOS has declared that no

» Partagas 2001 LE have been processed.

»

» In Swittzerland a famous merchant (XXXXXX) has sold in the past several

» boxes (I have frankly smoked few stick given me by a friend and they where

» good) and I have always said that must be fakes (GOOD FAKES but FAKES).

»

» And, I do not know if thrue but another friend has said that he has

» purchased from LCDH of Lisbon (Portugal) 2 boxes , in the past, of

» Partagas LE 2001.

»

» How can this ben posible (I mean LCDH selling fakes?)

»

» I would like to get major info from PCC or Rob.

»

» Gino

Gino,

It is very hard for me to comment without seeming to cast doubt.

Good dealers in the past when found to have suspect stock have always purchased that stock from a third party outside of their regional supplier.

I am not saying this is the case with those mentioned. It may be as you have mentioned a case of it being "Cuba"

The temptation always is that if you receive 100 or 200 boxes of special stock which commands a high premium to look for more. You have clients screaming for more.

A mastercase or two becomes available through a third party. You are told it is legitimate. The third party has a reputation but you always have questions in the back of your head. Do you take the stock and the money or do you pass?

I am poorer because I pass. A week does not go by that I am not offered 2000-2005 LE stock from various dealers from Panama-Spain-Russia.

While poorer.... I sleep better ;-)

PS....there is no truth to the rumour (I will pre-empt Smithy here) that I sleep in an L shaped bed

[Trevor2118]

» I know Cigar Affair. They have sold into Australia to various retailers.

» I was in Singapore on business when I visited the store and and saw the Cohiba Robusto LE. That is all I really needed to know to confirm my suspicions.

It astounds me why someone would counterfeit a cigar that does not exist.

Its like a forger faking a $9 note.....no matter how perfect, its a bleeding obvious fake.

What are these people thinking.:-|

[Colt45]

» I am poorer because I pass.

»

» While poorer....

»

Poorer is a relative term........here's an old pic of Caesar's money being transferred

to the bank: