Cuban Assets Control Regulations
License No. CU-78926-a
AMENDED LICENSE
(Granted under the authority of 50 U.S.C. App. 5(b), 22 U.S.C. 2370(a), 22 U.S.C. 6001 et seq., Proclamation 3447, and 31 CFR Parts 501 and 515)
To: Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C. (the "Licensee")
111 Broadway, Eleventh Floor
New York, NY 10006-1901
Attn: David B. Goldstein, Esq.
1. Based on your application dated July 7, 2009 (the "Application") and information otherwise available to the Office of Foreign Assets Control, License No. CU-78926 dated October 8 2009 is hereby revoked and replaced by this License which authorizes the transactions delineated herein.
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2. This license is granted upon the statements and representations made in your application, or otherwise filed with or made to the Treasury Department as a supplement to your application, and is subject to the conditions,...
1) In FAC No. CU-156123, which is cited in the application for the license here, OFAC interprets 515.527 such that "[t]ransactions related to the registration and renewal...of patents, trademarks, and copyrights in which the Government of Cuba or a Cuban national has an interest" would "authorize[] Cuba to file an opposition to the registration of a new trademark on the grounds that the new trademark interferes with Cuba's right in its registered trademark based on likely consumer confusion."
Here, however, the applicant representing the Cuban government argues in the application that the cancellation proceeding against a U.S. person for infringement of the Cuban mark would fall outside the scope of 515.527.
31 C.F.R. § 515.527, the general license authorizing Cuban nationals to pursue certain proceedings in the USPTO, is, in our understanding, inapplicable here. By its terms,...