US Blocks Cuban Trademark for Havana Club Amid Long-Standing Dispute
A recently signed US law has escalated tensions over the Havana Club trademark, settling a decades-long battle between Bacardi and Pernod Ricard.
New Law Targets Seized Trademarks in Cuba
On December 1, 2023, President Joe Biden signed the ‘No Stolen Trademarks Honored in America Act of 2023’ into law. This legislation prevents US courts and agencies from recognizing trademarks confiscated by the Cuban government during Fidel Castro’s communist revolution.
Bacardi’s Battle for Havana Club
Bacardi, which holds the US rights to the Havana Club brand, claims that the Cuban government illegally seized the trademark and other assets from José Arechabala SA in 1960. After Bacardi was expelled from Cuba, it moved production to Puerto Rico and began selling Havana Club rum in the US in 1995.
Meanwhile, the Cuban government transferred the original Havana Club brand to Cubaexport, a state-run entity, which partnered with Pernod Ricard to distribute the rum globally.
Although neither company is named in the legislation, Bacardi and Pernod Ricard have clashed over trademark rights for years, fueled by the US embargo on Cuban goods.
Cuba’s Reaction to the Law
Cuba’s Foreign Minister, Bruno Rodríguez Parrilla, condemned the legislation, calling it an aggressive move against Cuba. Posting on X (formerly Twitter), he claimed the law violated international regulations and opened the door to stealing legally registered Cuban trademarks.
The so called "Stolen Trademarks Act" signed by Biden modifies the law into an aggressive measure against #Cuba, precisely with the purpose of opening up the door, in violation of International Law, to the theft of Cuban Trademarks that are legally registered in that country. pic.twitter.com/DHU8UBicrO
— Bruno Rodríguez P (@BrunoRguezP) December 3, 2024
The Trademark Debate Continues
Cubaexport registered the Havana Club trademark in the US in 1976, and its rights remain valid until 2026. According to The Spirits Business, Pernod Ricard, along with Cubaexport, has expressed disappointment with the new law. A joint statement emphasized that the legislation does not revoke their current trademark rights, and the entities are exploring ways to protect their claims.
Pernod Ricard also highlighted that Havana Club rum, made in Cuba, remains an authentic Cuban product distributed in over 125 countries.
Bacardi Welcomes the Decision
Bacardi praised the legislation, stating it strengthens US laws against entities profiting from confiscated trademarks. A spokesperson expressed satisfaction with the move, emphasizing its alignment with Bacardi’s stance on protecting intellectual property rights.
The Future of Havana Club in the US
The Havana Club trademark saga is far from over. With rights expiring in 2026, Bacardi and Pernod Ricard appear determined to safeguard their positions in this ongoing legal and geopolitical battle.
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Source of information
The Spirits Business’ Article: US blocks Cuban trademark for Havana Club by Ted Simmons
The image of the article is courtesy of © David Dibert via Canva.com
