Bacardi’s Latest Havana Club Trademark Effort Faces Setback

Bacardi’s latest effort in its battle with Pernod Ricard over the Havana Club rum trademark in the U.S. saw a setback in a Virginia federal court earlier this week. The spirits giant filed a lawsuit in late December against the U.S. Patent and Trademark Office (USPTO) alleging that the agency acted illegally when it restored the trademark for Havana Club to Cuban government-owned exporter Cubaexport in 2016.

The filing alleged that the USPTO did not have the discretionary power to make that move, which occurred roughly a decade after Cubaexport was denied its re-registration of the trademark in 2006. Cubaexport, which is partnered with Pernod Ricard for global distribution of Havana Club, originally gained the U.S. trademark in 1976, but has been barred from selling the brand in the U.S. due to the embargo on Cuban goods.

On Wednesday, U.S. District Court Judge Liam O’Grady dismissed Bacardi’s suit against the USPTO on grounds that the court does not have authority to adjudicate in such disputes over property, such as the trademark in question. “The Court does not have subject matter jurisdiction over this civil action because the statutory framework does not allow for the resolution of this type of dispute between a party and a government agency, but rather mandates that the dispute be resolved between the two adversarial parties,” the judge wrote. An attorney for Bacardi told Reuters that the company is disappointed with the ruling and considering an appeal.—Daniel Marsteller & Shane English

Tagged : Bacardi, Havana Club, Pernod Ricard

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