Tuesday, Mar. 15, 2011
Bacardi Continues Legal Actions to Protect Its Havana Club Rum
HAMILTON, Bermuda — Bacardi Limited, the largest privately held spirits
company in the world, continues to pursue all available legal options to
protect its legitimate ownership and trademark rights to the Havana Club
brand in Spain.
In a brief filed with the High Court earlier this month, Bacardi Limited
asked the Spanish Supreme Court for clarification of some aspects of its
ruling where the High Court recognized the respect of Spanish law for
fundamental rights violated by an expropriation without compensation.
While the Court clarified its interpretation of some of the technical
aspects in the initial ruling, Bacardi remains focused on the remaining
legal options available.
On February 3, the High Court of Spain released its decision that the
transfer of the trademark registration of Havana Club rum in Spain by
Cuba and its partners was not consistent with Spanish public law. The
Spanish Court ruled that Havana Club Holdings "does not deserve to be
considered a good faith third party purchaser of the Spanish trademark
of Havana Club," and noted that the company Jose Arechabala, S.A. (and
Bacardi as its legal successor) was illegally deprived in Spain of the
Spanish trademark registration for Havana Club. The Court however did
not restore the Spanish trademark registration to Bacardi solely on the
grounds of a technicality involving the statute of limitations applied
to the claim.
It is critical to note that Spain's High Court declared that Spanish law
does not recognize in Spain the validity of the transfers to Cuba and
its partners of the Spanish Havana Club trademark registration on the
basis of the confiscation of Havana Club ordered by the Cuban State in 1960.
Bacardi will continue to defend its fundamental rights against
expropriation having purchased the trademark rights in Spain from the
original legal owners, creators and proprietors of the brand.
Bacardi has won all U.S. court cases relating to the rights to use the
HAVANA CLUB brand, up to the U.S. Supreme Court.
About Bacardi Limited
Bacardi Limited is the largest privately held spirits company in the
world and produces and markets a variety of internationally-recognized
spirits and wines. The Bacardi Limited brand portfolio consists of more
than 200 brands and labels, including some of the world's favorite and
best-known products: BACARDI® rum, the world's favorite and best-selling
premium rum as well as the world's most awarded rum; GREY GOOSE® vodka,
the world-leader in super premium vodka; DEWAR'S® Blended Scotch whisky,
the number-one selling blended Scotch whisky in the United States;
BOMBAY SAPPHIRE® gin, the top-valued and fastest-growing premium gin in
the world; MARTINI® vermouth and sparkling wines, the world-leader in
vermouth; CAZADORES® 100% blue agave tequila, the number-one premium
tequila in Mexico and a top-selling premium tequila in the United
States; and other leading and emerging brands.
Bacardi was founded in Santiago de Cuba, February 4, 1862, and currently
employs more than 6,000 people, manufactures its brands at 27 facilities
in 16 countries on four continents, and sells in more than 100 markets
globally. Bacardi Limited refers to the Bacardi group of companies,
including Bacardi International Limited.