On December 1, the US President signed into law H.R. 1505, the “No Stolen Trademarks Honored in America Act of 2023.” It changed the recognition by the United States courts of certain rights relating to trademarks, trade, or commercial names. However, it is just another attack against Cuba, adding to the 62 years of never-ending sanctions against the nation. Further attacks against Cuba are not surprising considering the outgoing US government’s position on genocide and the promotion of wars, and an endless onslaught of nastiness against the rest of the world.
If one looks deeply into the so-called “stolen trademark law,” its more correct name would be the “Bacardi law.” It’s a long and twisted story, though probably forgotten by most. This is another chapter in the “rum war” saga, a long-standing issue tied to Cuba’s rum industry.
Back in the old days, Bacardi and José Arechabala, S.A., were competitors in Cuba. In 1960, the Cuban government nationalized the Arechabala family’s rum, Havana Club. Both families, the Bacardis and the Arechabalas, left Cuba after the revolution. The world moved on. Bacardi dominated the US market, and the Havana Club brand continued to be produced in Cuba.
By the 1970s, the rivalry between Arechabala and Bacardi had faded. The Arechabala family allowed their U.S. trademark for Havana Club to lapse in 1973. At this point, anybody could have gone and registered the trademark. CubaExport did so and registered the lapsed trademark with the US Office US Patent and Trademark Office in 1976. The only drawback was that they could not sell in the American market because of US sanctions.
In 1993, the French corporation Pernod Ricard formed a joint venture with Cuba Ron S.A., to form Havana Club International S.A. The joint venture markets and distributes Havana Club rums worldwide. As part of the Pernod Strategic International Brands portfolio, Havana Club became one of the world’s top selling brands.
In 1994, Bacardi purchased the rights to Havana Club from the Arechabala family for $1.25 million, claiming it owned the original recipe and trademark. They started selling their own Havana-Club-made-in-Puerto-Rico brand to the American market.
The court battles followed and it’s been back and forth ever since. Bacardi’s fight intensified when it successfully lobbied the US government to block Pernod’s claim to the Havana Club brand, citing Cuba’s expropriation of assets. Pernod’s lawyers argued the family could have renewed it for a small fee, which they failed to do.
In 2016, the US Patent and Trademark Office allowed Pernod to renew the Havana Club trademark. This marked the continuation of the legal battle between Bacardi and Pernod, fueled by both political and cultural tensions. In response, Bacardi filed a Freedom of Information Act lawsuit to uncover details about the US government’s approval of the Cuban brand’s trademark renewal.
Despite the legal complexities, Havana Club remains a symbol of Cuban authenticity. Havana Club’s rum, made from Cuban sugar cane and fermented and distilled under the island’s unique climate, celebrates its essential and distinct taste—a process impossible to replicate elsewhere.
People widely consider Havana Club an emblem of Cuba’s rum culture. Its global image strongly reflects its Cuban origins. The rum wars ultimately reflect a larger battle over Cuban identity, with Havana Club representing more than just a brand—it is a symbol of national pride.
Do the taste test. Compare the Havana Club made-in-Cuba to the made-in-Puerto-Rico rum. It’s like comparing a diamond to cubic zirconia, or an Hermes Birkin bag, to a designer knock-off. Just like that coca-cola slogan way back in the 60s, Cuba’s Havana Club rum, “It’s the real thing.” You can’t fool the connoisseurs.
From our staff writers and editors.
