Anti-Cuban Senators Marco Rubio (R-FL) and Bob Menéndez (D-NJ) presented on Tuesday a bill before the U.S. Congress in which they seek to prohibit the official recognition or rights of Cuban trademarks in the United States.
The bipartisan, bicameral legislation, “No Stolen Trademarks Recognized in the United States,” would affect trademarks allegedly linked to nationalized properties after the triumph of the Revolution in January 1959. A supplemental bill was introduced in the House of Representatives by Congressmen Debbie Wasserman-Schultz (D-FL) and John Rutherford (R-FL).
Its purpose is to prohibit U.S. courts from “recognizing, enforcing or validating” an individual’s rights to a trademark used in connection with a business or assets that were nationalized by Cuba, unless “the original owner of the trademark has expressly consented,” notes Telesur.
To exemplify the case, Rubio mentioned, in a press release, the legal battle between Bacardi and Cuba for the rights to the Havana Club brand. In 1993, Pernod Ricard S.A. and Corporación Cuba Ron S.A. launched the joint venture responsible for the production, marketing and marketing of Havana Club worldwide.
Bacardi registered in the United States the right to use Havana Club in the United States, which had been registered since 1974, by marketing a rum produced in Puerto Rico. However, the U.S. Patent and Trademark Office ignored this claim and in 2016 it appointed the state-owned company Cubaexport as the legitimate international representative of the renowned Havana Club rum, dismissing Bacardi.
The bill would prohibit the Pernod Ricard/Cuba Ron association from using the rights related to Havana Club as part of another action to increase the economic siege against the island.
(Taken from RHC in Spanish)