Edelstein v Administración General del Estado

• Jurisdicción: Cuba
• Número de expediente: Case No. 219
• Fecha: 05 Mayo 1930
• Emisor: Corte Suprema (Cuba)

Cuba, Supreme Court, Division of Administrative Jurisdiction.

Vandama, Tapia, Edelmann, Avendaño, Fuentes, JJ.)

Case No. 219

Enrique Edelstein

and

Administracion General del Estado.

Treaties — Constitutional Limitations — Operation and Enforcement — Retroactive Effect — Trademark Convention of Chile of 1923.

The Facts.—Rosemberg Bros., an American company, asked for registration of its trademark in Cuba. Registration was denied on the ground that a trademark had been previously granted to Edelstein. Rosemberg Bros, then applied for relief to the International Bureau for the Northern Group, under the Trademark Convention of Chile of 1923,1 on the ground that their mark was legally protected in the United States before Edelstein had asked for registration of his mark in Cuba. The Cuban Administration then annulled Edelstein's previously registered marks. He appealed unsuccessfully to the President of Cuba and then brought an action before the administrative authorities. The action was unsuccessful, and he appealed twice to Cuban courts. Article V, section 2, of the Convention provided that a person claiming rights under it could obtain cancellation of previously registered marks upon proving that he was refused registration of the trademark in the State where he intended to register it, and that he was entitled to legal protection for...