Monday, February 8, 2016

Bacardi Not Taking Trademark issue Laying Down

"Bacardi has filed a Freedom of Information request to bring to light the rationale behind a decision to hand the Havana Club rum trademark to the Cuban government, giving Pernod Ricard the right to sell the brand in the US"

The handing back to Cuban government their "Havana Club"trademark is not sitting well with Bacardi to say the least.   “We are filing this Freedom of Information Act request because the American people have the right to know the truth of how and why this unprecedented, sudden and silent action was taken by the United States government to reverse long-standing US. and international public policy and law that protects against the recognition or acceptance of confiscations of foreign governments,” said Eduardo S├ínchez, senior vice president and general counsel at Bacardi.”
     “When the highest and most powerful government agencies are not transparent about critical changes in policy, the public has the right and the responsibility to use FOIA requests and other tools at their disposal to hold the government accountable for its actions.”
     It seems that this is just the beginning of a long and drawn out fight again.   It took a Supreme Court decision to settle the dispute in 2005.   "In 1976, Cuba, which also continued to produce Havana Club, was able to register the trademark in the United States. But it lost the trademark in 2006 when it could not present the necessary license to the Treasury Department."
     When the embargo is finally lifted, this is going to slow the flow of the Cuban Havana Club Rum to the United States, although, they have also registered an alternate brand name "Havanista" as a stop gap until this dispute is finally settled.