MICALLEF CIGARS ACTS TO PROTECT AUTHORIZED DEALERS;
ISSUES CEASE & DESIST LETTER TO PRIVADA CIGAR CLUB
Cease & Desist Letter​
Text Only From Body of Letter
March 10, 2021
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Mr. Desind:
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I represent Micallef Cigars, LLC the owner of a number of registered trademarks for its products (described in the enclosure) which are currently advertised for sale on PrivadaCigarClub.com, a website which you or your company, Andrew Transport Inc., own or control.
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To guarantee the delivery of a first quality product to the end consumer, Micallef Cigars only sells its products through authorized dealers with brick-and-mortar stores which have a demonstrated ability to guarantee the quality of the product and whose facilities are subject to Micallef Cigars’ inspection and quality control procedures.
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Micallef authorized dealers and Micallef Cigars together provide a uniform experience for consumers. Such an experience is predicated on the extremely high quality of the cigars themselves and my client’s Micallef Ambassador Program and the Micallef Tasting Passport. Purchasing Micallef products from an unauthorized retailer or through an online-only commerce site does not provide the same experience as delivered by Micallef Cigars and its authorized dealers together.
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For these reasons, Micallef does not sell or permit its products to be sold through internet-only businesses such as yours. I understand that my client’s representative informally requested that you stop selling its cigars and offered to buy your remaining inventory. I further understand that you refused this request. Your continued marketing of Micallef Cigars constitutes infringement of its trademark in violation of the Lanham Act (Title 15 Section 1114 of the United States Code), as your sale of Micallef Cigars outside its normal distribution channels creates confusion within its customer base due to the lack of integrated experiences, as referenced above, created between Micallef Cigars and its authorized retailers and because your online-only marketing of my client’s products expose consumers to the inherent risk of degraded quality of cigars stored and shipped without adherence to my client’s exacting quality control standards. Micallef Cigars hereby demands that you immediately cease and desist sales of its product through PrivadaCigarClub.com and any other online outlet and immediately remove their descriptions and images from such websites. If, after March 24, 2021, Micallef Cigars remain listed for sale on Privada Cigar Club’s website or on any other website you or your company control, then I will recommend that my client file a federal lawsuit seeking an immediate injunction against such sales, actual or statutory damages, attorneys’ fees and its court costs.
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My client’s offer to purchase your remaining inventory of Micallef Cigars for published wholesale price remains open until it files suit.
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If you wish to discuss a resolution of this matter before the filing of a lawsuit, please contact me or have your attorney do so before the above deadline.
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Sincerely,
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John M. Rogers
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Press Release
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Micallef Cigars acts to protect Brick & Mortar Authorized Dealers;
Issues Cease & Desist letter to Privada Cigar Club.
Micallef Cigars made promises to Brick & Mortar cigars shops across America in their open strategy letter in January of 2020. Six months ago Micallef Cigars ended their relationship with online giant Cigars International, in order to provide price protection to their B&M partners. Over the last year and half, Micallef Cigars worked closely with their Authorized Dealers to create innovative customer experiences including Brick & Mortar owned Cigar Clubs.
In February, Micallef Cigars became aware Privada Cigar Club was selling Micallef cigars online directly to customers as an unauthorized retailer.
An email was sent to Privada Cigar Club clarifying Micallef’s business model seeking a private resolution to the issue. Brian Desind, owner of Privada Cigar Club, declined to meet with Micallef Cigars unless his unacceptable conditions were met.
“We aggressively protect our Brick & Mortar Authorized Dealers. We will not tolerate rogue businesses who try to profit on our brand at the expense of our valued partners. We offered to buy back the Micallef product from Privada’s unauthorized web site seeking a positive resolution. Now we are pursuing a legal solution and Privada Cigar Club will never be an Authorized Micallef retailer. We love the family-owned Brick & Mortar retail shops who are the backbone of the industry and we will always act in their best interest.” Said Dan Thompson, President of Micallef Cigars.
Attorney John M. Rogers on behalf of Micallef Cigars sent Andrew Transport Inc., (aka Privada Cigars), a cease-and-desist letter today seeking resolution. Included in Micallef Cigars’ letter is a last time offer to buy-back the product.
Micallef Cigars noted a lawsuit is prepared and will file if Privada does not Cease & Desist voluntarily. The Cease-and-Desist Letter is available for review on Micallef Cigars website.
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