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Intellectual Property law Blog
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The Spanish Supreme Court to Hear Bacardi's Appeal in "Havana Club" Trademark Case
07-24-2009 [Ben Hanrahan] [Permalink]Bacardi claims it owns the "Havana Club" rum brand by virtue of purchasing the trademark from its original legal owners. In 1935 the Arechabala family created "Havana Club" rum in Cuba, and subsequently, in 1959, the Cuban government, allegedly without compensation, confiscated Arechabala's "Havana Club" brand. In the early 1990's, the Cuban government reached an agreement with Pernod Ricard, a French producer of alcholic beverages, to globally exploit the "Havana Club" brand through a joint-venture called Havana Club Holding.
In 1999, Bacardi, Jose Arechabala, S.A., and members of the Arechabala family sued Havana Club Holding and the Republic of Cuba in Spain to invalidate the transfer of a Spanish trademark registration for "Havana Club" from Jose Arechabala, S.A. The Spanish Supreme Court has decided to hear Bacardi's appeal in the case.
The article can be read here.