US-court fight against Bermuda-based Bacardi-Martin.

Pernod Ricard must decide by then if it will appeal to the US Supreme Court against an earlier US court ruling that upheld the use of its Havana Club trademark by arch-rival Bacardi-Martini.

"We have to decide by the beginning of May, by May 5 to be precise,'' Thierry Jacquillat, Pernod managing director said.

At the heart of the escalating rum war is a US law called Section 211 which gives Bacardi-Martini the right to use the Havana Club trademark throughout the US.

Pernod Ricard retains the name for the rest of the world through its joint venture with the Cuban state company that produces the liquor at two distilleries on the Caribbean island.

Pernod feels it should also have exclusive use of the name in the US.

"They stole the brand from us,'' said Chairman Patrick Ricard.

"Today it is not so much of a problem because of the (US) embargo, and probably it will be solved, but probably it will take a long time.'' The battle appears esoteric presently because Pernod's Havana Club rum cannot be marketed in the US due to its three-decade embargo against Cuba.

Asked if the Cuban government was backing Pernod Ricard's claim, Jacquillat said Havana was not taking any public stand.

"The Cuban government is not disclosing any official position because it is a private conflict between two companies, Pernod versus Bacardi,'' he said.

"The Cuban government is supporting our effort, but that does not mean it is financing it,'' Ricard added.

COURTS CTS