Pernod loses appeal over Havana Club
The Havana Club trade mark saga has stumbled on one more step, with Pernod Ricard losing an appeal in the side show of a false advertising case
On August 4 the Court of Appeals for the Third Circuit
upheld the lower court's decision that Bacardi's Havana Club
drink does not constitute false advertising, as it clearly
states on the label that the rum is made in Puerto Rico.
The long-running dispute between Pernod Ricard and Bacardi
goes back to the Cuban Revolution in 1960, when the state
seized production of Havana Club and later created a joint
venture with Pernod Ricard to sell it outside the US. The US
has since had a trade embargo on Cuban products, allowing
Bacardi to sell its own version of the drink there (see
Pernod has lost all cases in the US, but won them elsewhere
in the world. Bacardi finally failed in its attempt to enforce
trade mark rights in Spain at the Supreme Court...
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