By Timothy S. Donahue

Top Takeaways:

• Trademark dispute: Don Abram Harris Cigars has sued Philip Morris USA over the use of the “Marlboro Man” name for a premium cigar, seeking at least $8 billion in damages.
• Investment claim: The lawsuit alleges that the dispute derailed a potential $50 million investment in the company after an investor withdrew support.
• Industry implications: The case highlights the challenges smaller cigar companies face when branding products that resemble established tobacco trademarks.

A Maryland cigar entrepreneur has filed an $8 billion trademark lawsuit against Philip Morris USA, arguing that the cigarette maker improperly blocked his attempt to register “Marlboro Man” as the name of a premium cigar inspired by his father’s tobacco-farming roots.

Abram Harris, founder of Don Abram Harris Cigars, filed a complaint in the U.S. District Court for the District of Maryland, challenging Philip Morris USA’s opposition to his pending federal trademark application for “Marlboro Man.”

Harris contends that the cigar brand honors his father, Joseph Harris, who worked in tobacco fields in Upper Marlboro, Maryland, and argues that consumers are unlikely to confuse a premium cigar with Marlboro cigarettes.

The dispute began after Harris applied to register the trademark in March 2025. In September, the U.S. Patent and Trademark Office issued an office action stating that the proposed mark could create a likelihood of confusion with multiple Marlboro trademarks owned by Philip Morris USA, a subsidiary of Altria Group.

Philip Morris USA later sent Harris a cease-and-desist letter alleging trademark infringement. According to the complaint, Harris offered to stop using the mark in exchange for compensation, while Philip Morris proposed allowing him to sell existing inventory if he abandoned the trademark application. Neither proposal led to a settlement.

Among the lawsuit’s central claims is that the trademark dispute caused significant financial harm by deterring outside investment. Harris included a letter from Dr. Lawrence P. Shombert, who stated that he had already invested $740,000 in the business and had been considering an additional $50 million investment before deciding not to proceed because of the unresolved trademark conflict.

The complaint also references U.S. Customs and Border Protection’s April 2025 detention of cigar shipments, although the filing does not clarify how that action relates to the trademark claims.

Harris, who is representing himself, is seeking at least $8 billion in damages from the court, along with a declaratory judgment affirming his right to register the “Marlboro Man” trademark.

The dispute centers on one of the tobacco industry’s most recognizable brands. Philip Morris spent decades building the Marlboro trademark and its iconic Marlboro Man advertising campaign, which was phased out after the 1998 Master Settlement Agreement, which sharply limited cigarette advertising in the United States.

The case is in its early stages, and the court has not yet ruled on the merits of Harris’ claims. Philip Morris USA has not yet responded to the complaint.