Dueling Elmsford tobacconists claim name rights

Two Elmsford cigar bars are fighting a turf war over rights to the “Cigar Republic.”

Smoking Cigars LLC accused The People’s Cigar Republic LLC, a newcomer to the Elmsford tobacconist trade, of trademark infringement, in a March 8 complaint filed in U.S. District Court, White Plains.

Smoking Cigars claims that People’s Cigar Republic is causing consumers to mistakenly believe that it is affiliated with the original cigar bar, the complaint states.

Smoking Cigars was founded by Anthony Scipioni in 1996 is operated by the third generation Scipioni brothers on East Main Street. It also has lounges in Danbury, Connecticut and Conshohocken, Pennsylvania.

It boasts of a wide selection of cigars and accessories, fine food, a friendly atmosphere and state-of-the-art air filtration.

People’s Cigar Republic was founded by Dominic Croce, a former Smoking Cigars patron, on Aug. 16. It claims to be the premier cigar lounge in Westchester, and the $1,260 yearly membership includes a cigar locker, 24-hour access to the lounge and discounts on cigars.

People’s Cigar Republic is on Nepperhan Avenue, about a half-mile from Smoking Cigars.

Croce incorporated the business shortly before or shortly after he was kicked out of Smoking Cigars for violating membership rules and codes of conduct, according to the complaint. The alleged violations are not specified.

Smoking Cigars says it uses the Cigar Republic name on a logo, website, and social media.

On Dec. 20, it applied for trademark approval, according to the U.S. Patent and Trademark Office, citing first use of The Cigar Republic wording on Jan. 30, 2012.

People’s Cigar Republic name and logo, according to the complaint, are nearly identical to Smoking Cigars’ pending trademark.

People’s Cigar made changes to its website and the outside of the store, in response to demands by Smoking Cigars’ attorney, but it allegedly continues to use the nearly identical name and logo.

Smoking Cigars charged its competitor with trademark infringement, misleading advertising, unfair competition, and intent to deceive.

Attorney Jordan A. LaVine asked the court to stop People’s Cigar Republic from using any words “confusingly similar” to the trademark and to order unspecified damages.

People’s Cigar Republic did not reply to a message asking for its side of the story.