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Old 04-03-2009, 09:59 AM   #1
Edward Hamilton
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Default Pernod Ricard warns of "aggressive" tactics over Havana Club

2 April 2009
Source: just-drinks
Pernod Ricard has said it is "disappointed" by ruling this week against its Havana Club joint venture partner in the US, and warned that it will "aggressively prevent any unauthorized use" of the Havana Club trademark.


Earlier this week, a US District Court dismissed a lawsuit by Cubaexport, Pernod's partner in Havana Club Holding, claiming the US had acted illegally in terminating the group's trademark rights for the namesake rum brand in the country.


The lawsuit dismissal was welcomed by Bacardi, which claims to own the original Havana Club brand name, as a "watershed moment" in the long-running legal battle between itself and Cubaexport and Pernod.
Speaking to just-drinks yesterday (1 April), a spokesperson for Pernod said that the company "is disappointed with the court's decision, which misapplied the law". The French company "hopes that Cubaexport, which is the owner of the US Havana Club trademark registered in 1976 and duly renewed until 2006, will appeal the decision", the spokesperson added.


"This decision is ... not representative of the rulings obtained outside the US," the spokesperson continued. "From India to Spain, the legitimate owner of the Havana Club trademark - which outside the US is Havana Club Holding - has successfully protected and defended it.
"Pernod Ricard understands that Cubaexport and Havana Club Holding intend to continue to actively protect and defend the Havana Club trademark," the spokesperson added, "and will aggressively prevent when possible any unauthorised use of the Havana Club trademark."
The spokesperson declined to comment further on what measures the joint venture plans to take over the matter going forward.


Bacardi has long claimed that the Havana Club brand and associated assets were illegally confiscated from its original owners - the Arechabala family - by the Cuban government during the revolution in the country.
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Old 04-03-2009, 04:06 PM   #2
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One thing for sure is that these two behemoths will continue to pour millions of Dollars and Francs into peeing onto each others shoes.
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Old 04-03-2009, 04:40 PM   #3
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Competition is Good for Business... A healthy war could see prices drop.
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Old 04-04-2009, 01:11 AM   #4
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Im confused...Why is the ruling from the US?-- where there is no Havana club anyway?
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Old 04-06-2009, 01:14 AM   #5
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yes, it's confusing. Bacardi make a Havana Club rum in Puerto Rico and sells it in Florida and some other markets.
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Old 04-06-2009, 08:40 AM   #6
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Quote:
Originally Posted by Rum Runner Imports View Post
Im confused...Why is the ruling from the US?-- where there is no Havana club anyway?
For a number of years the Cuban Government held the trademark to the Havana Club brand in the U.S. In 2006 Bacardi successfully lobbied the U.S. Congress to pass a law that bans Cuba from renewing Trademarks in the U.S. on businesses that were nationalized by Castro. Cuba challenged it in U.S. Court and you have read the results of that dispute. I hope this sheds some light.

It is interesting to note that in other Countries where this dispute has been brought up Cuba has won.
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Old 04-06-2009, 09:00 AM   #7
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Quote:
Originally Posted by Rum Runner View Post
It is interesting to note that in other Countries where this dispute has been brought up Cuba has won.
Pernod Ricard are also in a battle with Matusalem calling their rum the spirit of Cuba. This french company seem to like to spend a lot of money protecting a Cuban rum that was stolen in the first place from someone else.
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