Pleading of false advertising claim results in dismissal
Pernod Ricard USA LLC v. Bacardi U.S.A., Inc., C.A. No. 06-505-SLR, August 21, 2007.
Robinson, J. Defendant’s motion to dismiss a false advertising claim is granted.
This Lanham Act case stems from a business dispute about the sale of “Havana Club” brand rum. Plaintiff seeks to enjoin defendant from misrepresenting the ownership and geographic origin of its rum in its advertising. Defendant claims plaintiff has no standing to bring suit. The Court found constitutional and prudential standing. Defendant moves to dismiss plaintiff’s claim of false advertising relating to defendant’s statements that it owns the rights to the “Havana Club” trademark. The Court agreed with defendant that ownership rights do not concern the “nature, characteristics, qualities or geographic origin” of its rum as described in §43(a) of the Lanham Act and dismissed that count.A copy of the full opinion is available here.
