Court refuses to bar selling 'Havana Club' rum in trade ruling
WASHINGTON (AP) -- The Supreme Court, skirting a trademark dispute
growing out of the U.S. embargo against Cuba, refused to stop Bacardi and
Co.
from selling Bahamian-produced "Havana Club" rum in the United States.
The justices, acting without comment Monday, rejected an appeal in which
a
Cuban rum manufacturer, Havana Club Holding, argued that Bacardi is violating
U.S. and international trademark law.
Lower courts threw out Havana Club Holding's 1996 lawsuit after concluding
that the Cuban company was barred from enforcing any trademark in the United
States because of the Cuban trade embargo _ the U.S. government's policy
of
prohibiting commercial ties with Fidel Castro's communist regime.
The lower courts also rejected the company's contentions that Bacardi had
violated an international trademark treaty and engaged in unfair competition.
Since 1994, Havana Club Holding has sold more than 38 million bottles of
"Havana Club" rum around the world. The company's lawyers told the justices
that it intends to export the rum to the United States whenever the U.S.
embargo
is lifted.
In 1995, Bacardi began producing rum manufactured in the Bahamas and
marketing it under the "Havana Club" name.
Havana Club Holding's lawsuit alleged that Bacardi did so to prevent the
Cuban
company from cutting into its lucrative U.S. market if the embargo is lifted.
Bacardi's strategy, the lawsuit contended, was to prevent the Cuban company
from marketing its rum in this country under a name that had been marketed
successfully abroad.
The lawsuit accused Bacardi of violating federal trademark law and a treaty,
the
General Inter-American Convention for Trade Mark and Commercial Protection.
But Congress in 1998 enacted a law that bars U.S. courts from enforcing
any
treaty rights for Cuba-related trademarks -- another reason cited by a
federal trial
judge in New York and the 2nd U.S. Circuit Court of Appeals in dismissing
the
Cuban company's lawsuit.
The appeal acted on Monday said the result carries "profound and adverse
consequences to the United States' foreign relations, and to the intellectual
property protections of Americans abroad."
This country's reluctance to uphold worldwide trademark rights will spark
other
nations to disregard Americans' trademark rights, the appeal said.
The Cuban company's appeal was supported in friend-of-the-court briefs
submitted by the French National Committee of the International Chamber
of
Commerce, the Organization for International Investment, and the
European-American Business Council.
Lawyers for Bacardi urged the court to reject the appeal. They said Cuban
rights
to the Havana Club brand of rum were confiscated by Castro's regime in
1960
from a family-owned business that subsequently sold its trademark rights
to
Bacardi.
Copyright 2000 The Associated Press.