Bacardi loses again in 'Havana Club' lawsuit against US Trademark Office


On January 24, a federal court in Virginia issued a ruling unfavorable to Bacardi, marking the second setback for the liquor company in its ongoing dispute with the U.S. Patent and Trademark Office (USPTO) regarding the "Havana Club" rum trademark held by the Cuban government. U.S. District Judge Leonie Brinkema approved motions from the USPTO and Cubaexport, the Cuban entity managing the trademark, to dismiss Bacardi's legal challenge concerning the renewal of Cubaexport's federal trademark rights. Notably, in December, President Joe Biden enacted legislation that prevents U.S. agencies from acknowledging trademarks that were confiscated by the Cuban regime following the 1959 Communist revolution. While the reasoning behind Judge Brinkema's decision was not disclosed in the filing, Bacardi announced plans to appeal, contending that the Judge unduly deferred to the USPTO, which Bacardi claimed had overlooked established legal standards and its own policies. The USPTO chose not to comment on the case. Presently, Cubaexport and the French company Pernod Ricard, which market Havana Club rum internationally but not within the U.S., expressed satisfaction with the court's ruling. Bacardi has maintained that the Cuban government wrongfully seized the Havana Club brand and its associated assets from Jose Arechabala SA in 1960. Purchasing the brand, Bacardi commenced sales of Havana Club rum in the U.S. in 1995. Cubaexport first registered its trademark in the United States in 1976. Bacardi argued that the trademark should have lapsed in 2006 due to Cubaexport's failure to secure a renewal license from the U.S. Treasury Department, yet the USPTO renewed it under changed conditions set forth during the Obama administration. The ongoing saga has seen various judicial developments, with Bacardi previously winning a separate trademark dispute in Washington, D.C.



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