. . . as Bacardi drink to a legal triumph!
A legal win this week for the Bermuda-based Bacardi empire will soon allow rum drinkers in the US to enjoy a tipple of Havana Club rum once again.
For three years Bacardi, the world's largest privately held spirits company, has been under fire in an international legal battle for the Havana Club name which halted sales of the zesty liquor.
And Cuban dictator Fidel Castro even entered the fray earlier this year to threaten that if Bacardi won the fight he would stop protecting the 4,000 US trademarks -- like the McDonalds chain of restaurants -- registered in Cuba.
Bacardi's win this week has sparked fears of Mr. Castro carrying out his threats which could cause further trade problems between the US and Cuba.
A joint venture between France's Pernod Ricard and Cuba's Havana Rum and Liquors filed a law suit back in 1996 against Bacardi claiming they owned the name Havana Club -- which just happens to be Cuba's best-selling rum.
The Cuban-French venture sells its Havana Club rum in other parts of the world but cannot sell it in the lucrative US market since the importation of Cuban-origin products has been prohibited since 1963.
US District Judge Shire Scheindlin found Bacardi had legally registered the Havana Club name in the US and she dismissed the lawsuit based on a law that limits the power of trademarks of property seized by the Cuban government.
"Plaintiffs ability to enter the US is too remote at this point to confer standing,'' she wrote.
"Before plaintiffs can sell rum in this country, significant changes must first occur in the political situation in Cuba, in addition to executive and legislative action in this country.'' Bacardi's legal argument was that it had teamed up with the Arechabala family who created the Havana Club brand more than sixty years ago.
Bacardi toasts legal triumph They said President Castro's government had forcibly confiscated the rum distilleries from the family in 1960, along with all of their other assets and trademarks without handing over any payment.
The Castro government had since sold rum under the famous label and was now involved in the French Cuban venture.
Last night Bacardi's vice president of corporate communications Jorge Rodriguez told The Royal Gazette the company was pleased by the ruling which "restored ownership of the Havana Club trademark to its rightful owners''.
"Bacardi is proud to have been able to work with the Arechabalas and to have played a part in these legal proceedings which allow the family once again to enjoy the benefits of the brand they created.'' Threats: Cuban president Fidel Castro
