The Acting Secretary of State to Minister Morgan.
Washington, May 19, 1906.
Sir: The department incloses herewith for your information, and for use in the preparation of representations to be made by your legation to the Cuban Government on behalf of the Merchants’ Association of New York, copy of a communication relating to the confiscation by citizens of Cuba of valuable trade-marks which have been established by American citizens by years of use and advertising, copy of a letter on the subject addressed to that association by Mr. F. Steinhart, consul-general of the United States at Habana, and also copies of a letter, dated the 9th instant, from the association, and of nine accompanying communications received by it from various American firms which have suffered from the unjust appropriation of their trade-marks by Cuban citizens.a
From the contents of the inclosures it will appear that, while Cuban owners are amply protected in the United States by both statute and common law in their enjoyment of trade-marks sanctioned by prior use, American owners enjoy under the administration of existing Cuban laws no corresponding or adequate protection for their trademarks, and are, in fact, placed at the mercy of Cuban registrants, irrespective of prior use by legitimate owners.
If the conditions respecting the use of trade-marks in the respective countries were reversed, the character and magnitude of the injustice suffered would be quickly and keenly appreciated by Cuban exporters to this country, and justly protested against as being intolerable, especially if applied, for instance, to brands of costly Cuban cigars and other tobaccos.
The need of mutual fair dealing in this regard is evident; and if you find upon investigation that the existing conditions have been presented with substantial correctness by the complainants, you will make earnest representations to the Cuban Government with a view to securing the relief needed for this important American interest, employing for the purpose such further facts and arguments afforded by the inclosures as may in your judgment be useful.
The relief sought from the Cuban Government should include the restoration in Cuba of their trade-mark rights to those American citizens who have been already deprived of them.a
I am, etc.,