Bacardi edges closer to trademark victory
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Bacardi, the Bermuda-based maker of the famous white rum, has won the latest round in a long-running legal battle with Pernod-Ricard over the rights to a Cuban rum trademark.
A World Trade Organisation appeal panel yesterday overturned a ruling against a US law that grants companies which fled Cuba after the revolution the rights to any trademarks confiscated by the Castro government.
Bacardi and Pernod both claim the rights to the trademark "Havana Club". An earlier ruling had said the US law denied Pernod access to the US courts to pursue its claim against Bacardi. But yesterday the appeals panel said the law did meet an "internationally agreed minimum standard" on procedures for enforcing trademark rights.
However, it added that the law was still illegal because it makes it more difficult for a Cuban national to claim the rights to a trademark in the US than it would be for an American national.
The Havana Club trademark was confiscated by the Cuban government in 1960 from its original owners, Jose Arechabala. In 1993 Pernod formed a joint venture with a Cuban state enterprise to market Cuban rum under that name worldwide. But in 1997 Bacardi signed a deal to buy the rights from the Arechabala family and successfully argued that the US trademark registered by Pernod should be cancelled.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments