Battling Trademark Piracy In Cuba

The recent restoration of diplomatic relations between the United States and Cuba has sparked the interest of U.S. companies in protecting their intellectual property in Cuba. While an exception under current U.S. sanctions allows U.S. companies to file and maintain Cuban trademark registrations, many trademark owners have not seen any benefit in doing so until now, since other U.S. sanctions block the ability to trade. Although the embargo remains, the Obama administration has amended the Cuban Assets Control Regulations ("CACR") and Export Administrations Regulations ("EAR"), and further changes in policy are currently on the table. Trademark pirates have been quick to take advantage of the evolving landscape. As an example, an individual recently filed sixty-five Cuban applications for third-party logo trademarks that are well known in the U.S. and throughout the world. That person was not alone, and more are likely to follow.