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Bacardi loses Spanish court battle

MADRID (Bloomberg) Pernod Ricard SA, the world’s second- biggest liquor maker, said it won a Spanish Supreme Court ruling in its decades-long battle with Bermuda-based Bacardi Ltd. over the rights to use the Havana Club name on rum within the country.The decision in Madrid upheld lower-court rulings in 2005 and 2007 that the name Havana Club is owned by a Pernod joint venture and threw out Bacardi’s claim that it owned rights to brand, Pernod said yesterday in a statement.“This was a blatant attempt by our competitor, Bacardi, to claim rights in a trademark more than 30 years after an unused registration had expired,” Ian FitzSimons, Pernod’s general counsel, said in the statement.Pernod sells Havana Club throughout the world except in the US under a 1993 venture with Cuba’s state-owned Cubaexport. It has been fighting with Bacardi over the rights to the name in the US since 1994, when Bacardi applied for a US trademark on Havana Club. The US Patent and Trademark Office rejected the request.Paris-based Pernod has turned Havana Club rum into one of the top premium brands in the world, selling about 3.5 million cases a year.The Havana Club trademark was first used by the Arechabala family and their company was nationalised by Cuba in 1960, following the revolution led by Fidel Castro. After the trademarks owned by the Arechabala family lapsed, Cubaexport registered the trademark in the US in 1976 and assigned it to the Pernod joint venture in 1993.The Cuban embargo of 1963 blocks the sale of Pernod’s Havana Club rum and other Cuban-made products in the US In 1998, Congress passed a law that said trademarks weren’t enforceable in the US if the right was confiscated by the Cuban government. That law has been applied only to the Havana Club mark.