• Submitted by: manso
• Politics and Government
• 04 / 05 / 2011

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US: Pernod Ricard has lost an appeals court ruling over the Havana Club trademark.The US Court of Appeals for the District of Columbia Circuit upheld a decision that states the company has no rights to renew the Havana Club trademark in the US. Bacardi, who owns the US trademark, applauded the ruling.

A statement from Bacardi spokeswoman Patricia Neal said: “Bacardi USA, Inc. applauds the US Court of Appeals for confirming that the Cuban government had no “vested right” to the renewal of the Havana Club trademark registration in the US, and that the US Office of Foreign Assets Control (OFAC) acted lawfully in denying Cubaexport a licence for the renewal. The effect of the Court of Appeals’ decision is that the Cuban government’s registration is expired and cancelled. The US courts have also consistently ruled that the Cuban-French venture Havana Club Holding [International] has no rights to the Havana Club trademark in the US.”

The decision was a two-to-one ruling and this has given Pernod Ricard fresh hope. The company has “vowed to work with Cubaexport to seek a rehearing from this decision and to continue to defend the Havana Club trademark in the United States”.

Ian FitzSimons, general counsel Pernod Ricard, said: “We strongly disagree with the court’s decision but are encouraged by the dissenting opinion of Judge Silberman who stated 'The court’s opinion, in my view, is unsound doctrinally, both with regard to principles of statutory interpretation and to basic tenets of administrative law.' Therefore, Cubaexport will seek a rehearing by the Court of Appeals.”

Pernod Ricard has a joint venture with Corporación Cuba Ron to make Havana Club International. The decision has no effect on the Havana Club trademark in other countries.

Source: www.drinksint.com/news/fullstory.php/aid/2052/US:_Pernod_loses_Havana_Cl...