Court rules in favour of Pernod Ricard and its Cuban associates
In the case of the contested ownership of the Havana Club brand, the Provincial Court of Madrid has ruled that in Spain the brand belongs to Pernod Ricard, thus refuting Bacardi’s claims.
According to a statement issued by Pernod Ricard, the Court ruled that Bacardi’s claims over the brand’s ownership in Spain were “unfounded” as the trademark had never been used by the previous owner and was not renewed when it expired.
Furthermore, the Court recognised that the prestige of the Havana Club trademark resulted directly and solely from Havana Club International’s efforts and investment. Bacardi’s complaints, it said, were intended only to undermine the success of a competitor who was taking market share from Bacardi.
Finally, the Court pointed out that selling a rum other than of Cuban origin under the “Havana” name would mislead consumers.
Pernod Ricard welcomes this latest ruling that recognises the rights of Pernod Ricard and its Cuban associates, through Havana Club Holding to the Havana Club trademark.
Havana Club, says Pernod Ricard, is the third largest international rum brand worldwide, with 2.6 million cases sold in 2006. It ranks second in Europe. Although the brand is present in 120 countries, Cuba, Italy, Germany, Spain, France represent its major markets.
Authors
Ina Verstl
Source
BRAUWELT International 2007