Product's claim to Havana heritage is neither false nor misleading
Pernod Ricard USA LLC v. Bacardi U.S.A., Inc., Civ. No.06-505-SLR, April 6, 2010.
Robinson, J. Plaintiff’s claims against defendant for false advertising under the Lanham Act are denied.
The Court makes certain findings of fact and law following bench trial in this action alleging false advertising under the Lanham Act. Specifically, plaintiff asserts that defendant's "use of Havana Club for a rum not produced in Cuba and [its] statements that its Havana Club rum is the rum that was made in Cuba and sold in the United States before 1960 are false and misleading representations concerning the geographic origin of [defendant's] rum" in violation of 15 U.S.C. § 1125(a). The case turns on the question of whether "geographic origin" is more akin to "heritage" or to the "source of production". While defendant concentrates on its rum's Cuban history, plaintiff's focus is on defendant's Puerto Rican production site. The Havana Club label clearly and truthfully provides the origin of defendant's rum, and is not deceptive. The Court also finds that the record clearly demonstrates that Havana Club rum has a Cuban heritage and, therefore, depicting such a heritage is not deceptive nor do Defendant's formula and manufacturing alterations annul the Cuban heritage of defendant's Havana Club rum, which is derived primarily from the Arechabala Family recipe.
