Empresa Cubana v. U.S.(Havana ClubTrademark Dispute)

Decision on Havana Club Trademark Dispute Between Bacardi and Pernod


A divided appeals court in Washington ruled in favor of the U.S. Treasury Department's refusal to renew a Cuban company's trademark for "Havana Club" rum. The decision is the latest development in a long and bitter dispute between Pernod Ricard and rival Bacardi Ltd. over use of the "Havana Club" trademark.

In a 2-1 decision, the Court ruled that Cubaexport had no perpetual right to renew the Havana Club trademark. Any right to renew the trademark, the judges held, was “expressly revocable at any time” because of federal regulations involving certain transactions with Cuba.

“In our judgment, the government’s express and longstanding revocation authority devastates Cubaexport’s argument that it somehow had a ‘vested right’ to perpetual renewal of the trademark,” Kavanaugh said in the opinion for the majority.

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Published In: Antitrust & Trade Regulation Updates, Business Torts Updates, Conflict of Laws Updates, Intellectual Property Updates, International Trade Updates

Reference Info:Decision | Federal, D.C. Circuit, D.C. | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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