XM does not provide services to residents of the United States of America.

Bacardi wins appeal reviving US Trademark Office fight over 'Havana Club' rum

<html xmlns="http://www.w3.org/1999/xhtml"><head><title>UPDATE 1-Bacardi wins appeal reviving US Trademark Office fight over 'Havana Club' rum</title></head><body>

Updates June 13 story with comment from Cubaexport in paragraph 5, attorney information in case caption

By Blake Brittain

June 13 (Reuters) -Bacardi [RIC:RIC:BACLTD.UL] convinced a U.S. appeals court on Thursday to revive the liquor giant's lawsuit against the U.S. Patent and Trademark Office in its long-running dispute with the Cuban government over "Havana Club" rum.

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, determined that Bacardi can challenge in federal court the USPTO's decision to renew Cuba's "Havana Club" trademark 10 years after Bacardi said it should have expired.

A spokesperson for the USPTO declined to comment. A Bacardi spokesperson said that the company was pleased with the decision.

Cuba-owned Cubaexport and French spirits company Pernod Ricard PERP.PA sell Havana Club rum outside of the United States. Cubaexport first registered the Havana Club trademark in the U.S. in 1976.

Cubaexport's attorney David Bernstein of Debevoise & Plimpton said in a statement that the company is "confident that the renewal was valid and that the court will agree when it reaches the merits of this dispute."

Bacardi, which was exiled from Cuba after the Cuban Revolution, says the Cuban government unlawfully seized the Havana Club name and assets from Jose Arechabala SA in 1960. Bacardi bought Jose Arechabala's brand and began selling Havana Club rum in the United States in 1995.

Bacardi argued in a 2021 lawsuit in Virginia that Cubaexport's trademark should have expired in 2006 after it failed to get a license to pay its renewal fee from the U.S. Treasury Department's Office of Foreign Assets Control.

Bacardi's lawsuit challenged the USPTO's 2016 decision to renew Cubaexport's trademark after OFAC changed course and issued the license. U.S. District Judge Liam O'Grady dismissed the case in 2022, finding that Bacardi could only challenge the mark through trademark office procedures.

But U.S. Circuit Judge Allison Rushing wrote for a unanimous three-judge panel on Thursday that Bacardi's court challenge can continue.

Rushing said that federal law does not disallow lawsuits over the USPTO's trademark-renewal decisions even though it may preclude court complaints over the office's registration decisions.

Bacardi has filed a separate lawsuit over the USPTO's rejection of its request to cancel Cubaexport's trademark, which is still pending.

The case is Bacardi & Co v. U.S. Patent & Trademark Office, 4th U.S. Circuit Court of Appeals, No. 22-1659.

For Bacardi: David Zionts of Covington & Burling; Michael Lynch and Damon Suden of Kelley Drye & Warren

For the PTO: Nicholas Crown of the U.S. Department of Justice

Read more:

Bacardi demands U.S. explain giving Havana Club brand to Cuba

Bacardi sues USPTO over renewal of Cuban 'Havana Club' trademark

U.S. trademark agency beats Bacardi lawsuit over Cuba's 'Havana Club'


Disclaimer: The XM Group entities provide execution-only service and access to our Online Trading Facility, permitting a person to view and/or use the content available on or via the website, is not intended to change or expand on this, nor does it change or expand on this. Such access and use are always subject to: (i) Terms and Conditions; (ii) Risk Warnings; and (iii) Full Disclaimer. Such content is therefore provided as no more than general information. Particularly, please be aware that the contents of our Online Trading Facility are neither a solicitation, nor an offer to enter any transactions on the financial markets. Trading on any financial market involves a significant level of risk to your capital.

All material published on our Online Trading Facility is intended for educational/informational purposes only, and does not contain – nor should it be considered as containing – financial, investment tax or trading advice and recommendations; or a record of our trading prices; or an offer of, or solicitation for, a transaction in any financial instruments; or unsolicited financial promotions to you.

Any third-party content, as well as content prepared by XM, such as: opinions, news, research, analyses, prices and other information or links to third-party sites contained on this website are provided on an “as-is” basis, as general market commentary, and do not constitute investment advice. To the extent that any content is construed as investment research, you must note and accept that the content was not intended to and has not been prepared in accordance with legal requirements designed to promote the independence of investment research and as such, it would be considered as marketing communication under the relevant laws and regulations. Please ensure that you have read and understood our Notification on Non-Independent Investment. Research and Risk Warning concerning the foregoing information, which can be accessed here.

Risk Warning: Your capital is at risk. Leveraged products may not be suitable for everyone. Please consider our Risk Disclosure.