Abram Harris, the founder of Don Abram Harris Cigars, has filed a lawsuit against Altria—one of the largest tobacco companies in the world—regarding a dispute over Harris’ attempts to trademark “Marlboro Man” for a cigar inspired by his father.
For his troubles, he’d like $8 billion.
Last year, the cigar company announced a new cigar called Marlboro Man, which Harris says is inspired by his father, Joseph Harris, who worked on tobacco fields in Upper Marlboro, Md. As for the cigar, it’s offered in a 6 x 60 gordo using Nicaraguan tobaccos underneath Connecticut or maduro wrappers.
In March 2025, he filed for a “Marlboro Man” trademark, which remains listed as pending. However, in September, an attorney for the U.S. Patent and Trademark Office warned that Harris’ “Marlboro Man” trademark could be confused with a variety of Marlboro trademarks owned by Philip Morris USA, Inc. (PM USA), a division of Altria.
Similarly, an attorney representing PM USA contacted Harris, informing him that the company viewed his Marlboro Man cigar as a trademark violation. In letters included in the lawsuit, Harris appears to have offered to stop using the mark in exchange for payment from PM USA, which was rejected. In addition, PM USA appears to have made an offer to allow Harris to sell through his existing Marlboro Man inventory until a certain date in exchange for him dropping the trademark application.
Those offers do not appear to have worked.
Last week, Harris filed a lawsuit against PM USA in the U.S. District Court for the District of Maryland. In it, he disputes the claims that people might confuse his Marlboro Man cigar with Marlboro cigarettes. His complaint argues that PM USA does not have the right to block his Marlboro Man trademark and that PM USA’s actions have hurt his business in a few different ways.
Beyond the standard issues of most trademark disputes, Harris claims that he lost a significant investment in his business. As part of the lawsuit, he has included a letter from Lawrence P. Shombert, a Maryland radiologist. The letter mentions that Shombert has invested $740,000 into the cigar business.
The letter goes on to say that Shombert was considering investing up to $50 million in the company, split into five payments of $10 million per year. However, the letter says that because of the trademark dispute, he won’t invest.
“Unfortunately, after reviewing recent developments concerning the trademark dispute involving your proposed ‘Marlboro Man’ cigar brand and the cease-and-desist correspondence received from PM USA through its legal counsel, I have concluded that I am unable to proceed with the contemplated additional investment at this time,” says the letter.
In addition, Harris’ suit references an April 2025 detention of cigars by U.S. Customs and Border Protection. It’s unclear how this is related to the lawsuit.
For five decades, Philip Morris used the Marlboro Man as a highly successful advertising campaign for its Marlboro cigarette brand. The ad quickly morphed into a specific campaign around a cowboy, oftentimes with a horse. A variety of people played a “Marlboro Man,” including some noted actors, but Darrell Winfield is best known for the role.
In the 1990s, a variety of states reached an unprecedented settlement with Big Tobacco companies like Philip Morris over the effects of cigarettes and allegations that the companies did not truthfully represent the health impacts of cigarettes. As part of the settlement, the cigarette companies gave up the rights to advertise in certain ways. While the Marlboro Man wasn’t explicitly outlawed, Philip Morris gave up the rights to advertise on billboards, which is where many of the Marlboro Man ads were shown. As such, the campaign was phased out and retired.
Harris, who is representing himself, has requested a jury trial. He is seeking at least $8 billion in damages as well as a declaratory judgment from the court regarding his trademark application.
Overall Score
Abram Harris
Abram Harris v. Philip Morris USA Inc.
Don Abram Harris Cigars
Litigation
Marlboro Man
Philip Morris USA Inc.
