 The case was voluntarily dismissed and the cause of action was brought in the Appeal Court, i.e., the United States District Court for the District of Columbia.That Court dismissed the count for infringement finding that an advertisement in a magazine with United States distribution was not enough "use" under the Lanham Act.On August 5, 2010, the United States District Court for the District of Columbia granted Miami-based Guantanamera Cigar Company's Motion for Summary Judgment finding that the Trademark Trial and Appeal Board erred when it ruled that Cuba won.