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== Arechabala family history and production ==
== Arechabala family history and production ==
[[File:Roneria Havana Club.JPG|thumb|upright=1.5|The current distillery in Santa Cruz del Norte]]The [[José Arechabala |Arechabala]] family founded a distillery in Cardenas, Cuba in 1878.<ref name=":0" /> Later renamed [[José Arechabala S.A.]], the company created the Havana Club brand in 1934, and sold rum under that name in both Cuba and the United States.<ref>{{Cite web|url = http://delafe.com/cardenas//arechabe.htm|title = Arechabala Industries|date = |accessdate = |website = |publisher = |last = de la Fé|first = E.J.}}</ref><ref>{{Cite web|url = http://www.businesswire.com/news/home/20040329005992/en/Bacardi-Files-Appeal-Asks-Court-Declare-Company|title = Bacardi Files Appeal and Asks Court to Declare Company Exclusive Owner of Havana Club Brand|date = 30 March 2004|accessdate = 11 January 2015|website = Business Wire|publisher = |last = |first = }}</ref> The company was nationalized without compensation by the Castro government in 1960.<ref name="Bloomberg">{{cite web|url=https://www.bloomberg.com/news/2011-03-29/pernod-ricard-loses-appeals-court-ruling-in-bacardi-havana-club-fight.html|title=Pernod Ricard Loses Appeals Court Ruling in Bacardi ‘Havana Club Fight|last1=Decker|first1=Susan|website=Bloomberg|accessdate=9 January 2015}}</ref> The Arechabala family allege it was taken from them at gunpoint.<ref name="The Washington Post">{{cite web|last1=Montgomery|first1=David|title=Havana Club vs. Havana Club: Inside the rum war between Bacardi and Cuba|url=https://www.washingtonpost.com/business/havana-club-v-havana-club-inside-the-rum-war-between-bacardi-and-cuba/2016/07/22/57c32a06-2cb4-11e6-9b37-42985f6a265c_story.html|website=The Washington Post|accessdate=18 December 2018}}</ref> Subsequently, much of the Arechabala family was forced to leave Cuba for [[Spain]] and the [[United States]], while other members of the family were imprisoned.<ref name="Miami Herald">{{cite web|last1=Osorio|first1=Sonia|title=War over Havana Club rum continues: ‘Don’t tell us we’re not Cuban,’ commercial says|url=https://www.miamiherald.com/news/nation-world/world/americas/cuba/article192636719.html|website=Miami Herald|accessdate=2 January 2018}}</ref>
[[File:Roneria Havana Club.JPG|thumb|upright=1.5|The current distillery in Santa Cruz del Norte]]The [[José Arechabala |Arechabala]] family founded a distillery in Cardenas, Cuba in 1878.<ref name=":0" /> Later renamed [[José Arechabala S.A.]], the company created the Havana Club brand in 1934, and sold rum under that name in both Cuba and the United States.<ref>{{Cite web|url = http://delafe.com/cardenas//arechabe.htm|title = Arechabala Industries|last = de la Fé|first = E.J.}}</ref><ref>{{Cite web|url = http://www.businesswire.com/news/home/20040329005992/en/Bacardi-Files-Appeal-Asks-Court-Declare-Company|title = Bacardi Files Appeal and Asks Court to Declare Company Exclusive Owner of Havana Club Brand|date = 30 March 2004|accessdate = 11 January 2015|website = Business Wire}}</ref> The company was nationalized without compensation by the Castro government in 1960.<ref name="Bloomberg">{{cite web|url=https://www.bloomberg.com/news/2011-03-29/pernod-ricard-loses-appeals-court-ruling-in-bacardi-havana-club-fight.html|title=Pernod Ricard Loses Appeals Court Ruling in Bacardi ‘Havana Club Fight|last1=Decker|first1=Susan|website=Bloomberg|accessdate=9 January 2015}}</ref> The Arechabala family allege it was taken from them at gunpoint.<ref name="The Washington Post">{{cite web|last1=Montgomery|first1=David|title=Havana Club vs. Havana Club: Inside the rum war between Bacardi and Cuba|url=https://www.washingtonpost.com/business/havana-club-v-havana-club-inside-the-rum-war-between-bacardi-and-cuba/2016/07/22/57c32a06-2cb4-11e6-9b37-42985f6a265c_story.html|website=The Washington Post|accessdate=18 December 2018}}</ref> Subsequently, much of the Arechabala family was forced to leave Cuba for [[Spain]] and the [[United States]], while other members of the family were imprisoned.<ref name="Miami Herald">{{cite web|last1=Osorio|first1=Sonia|title=War over Havana Club rum continues: ‘Don’t tell us we’re not Cuban,’ commercial says|url=https://www.miamiherald.com/news/nation-world/world/americas/cuba/article192636719.html|website=Miami Herald|accessdate=2 January 2018}}</ref>


The Cuban government sold rum abroad under the Havana Club name beginning in 1972, focusing primarily on the Soviet Union and Eastern Europe.<ref name=":2">{{Cite journal|url = http://www.goodwinprocter.com/~/media/Files/Publications/Attorney%20Articles/2006/A_Heady_Mix.pdf|title = A heady mix|last = O'Connell, Jr.|first = Robert M.|date = 2006|journal = World Trademark Review|doi = |pmid = |access-date = 11 January 2015|pages = 5–10|edition = |issue = November/December 2006}}</ref> The government focused on Havana Club because (unlike the Bacardi family) the Arechabala family had not established plants outside of Cuba and so could not produce a competing brand.<ref name=":0">{{cite book | title=Bacardi and the Long Fight for Cuba: The Biography of a Cause | publisher=Penguin | author=Gjelten | year=2008 | isbn=9780670019786 | first=Tom | url-access=registration | url=https://archive.org/details/bacardilongfight00gjel }}</ref> The company was considered a "national jewel" by the Cuban government, and in 1977 manufacturing was moved to a new plant in [[Santa Cruz del Norte]].<ref name=":0" />
The Cuban government sold rum abroad under the Havana Club name beginning in 1972, focusing primarily on the Soviet Union and Eastern Europe.<ref name=":2">{{Cite journal|url = http://www.goodwinprocter.com/~/media/Files/Publications/Attorney%20Articles/2006/A_Heady_Mix.pdf|title = A heady mix|last = O'Connell, Jr.|first = Robert M.|date = 2006|journal = World Trademark Review|access-date = 11 January 2015|pages = 5–10|issue = November/December 2006}}</ref> The government focused on Havana Club because (unlike the Bacardi family) the Arechabala family had not established plants outside of Cuba and so could not produce a competing brand.<ref name=":0">{{cite book | title=Bacardi and the Long Fight for Cuba: The Biography of a Cause | publisher=Penguin | author=Gjelten | year=2008 | isbn=9780670019786 | first=Tom | url-access=registration | url=https://archive.org/details/bacardilongfight00gjel }}</ref> The company was considered a "national jewel" by the Cuban government, and in 1977 manufacturing was moved to a new plant in [[Santa Cruz del Norte]].<ref name=":0" />


Since 1994, Cuban production and non-US global marketing of Havana Club has continued under a joint partnership between [[Pernod Ricard]] and [[Corporación Cuba Ron]].<ref name="Bloomberg" />
Since 1994, Cuban production and non-US global marketing of Havana Club has continued under a joint partnership between [[Pernod Ricard]] and [[Corporación Cuba Ron]].<ref name="Bloomberg" />
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The Havana Club trademark has been the subject of extensive trademark litigation in the US, Spain, and [[World Trade Organization]] (WTO).<ref>{{cite book|author=Joaquín Roy|title=Cuba, the United States, and the Helms-Burton Doctrine|publisher=University Press of Florida|page=55|year=2000}}</ref>
The Havana Club trademark has been the subject of extensive trademark litigation in the US, Spain, and [[World Trade Organization]] (WTO).<ref>{{cite book|author=Joaquín Roy|title=Cuba, the United States, and the Helms-Burton Doctrine|publisher=University Press of Florida|page=55|year=2000}}</ref>


After [[José Arechabala S.A.]] was nationalized, the Arechabala family fled Cuba and was forced to stop producing rum. The US trademark registration for "Havana Club" lapsed in 1973. The family alleges that this was due to the company's lawyer, Javier Arechabala, remaining imprisoned at the time.<ref>{{Cite web|url=https://www.americanbar.org/content/dam/aba/events/entertainment_sports/miami/coursematerials/international-ip.pdf|title=Will the end of the embargo lead to clarity for US and Cuban brands?|last = Friedland|first = David K.|date = 2016|website = Current Issues in International Intellectual Property|doi = |pmid = |access-date = 11 December 2018 |volume = |page = 6}}</ref> Taking advantage of the lapse, the Cuban government registered the mark in the US in 1976.<ref name=":1">{{cite news | url=http://www.miamiherald.com/incoming/article1941675.html | title=Havana Club rum dispute isn’t over yet | work=Miami Herald | date=20 July 2012 | accessdate=11 January 2015 | author=Whitefield|first = Mimi}}</ref> The brand was then assigned by the Cuban government to Pernod Ricard in 1993.{{fact|date=November 2020}}
After [[José Arechabala S.A.]] was nationalized, the Arechabala family fled Cuba and was forced to stop producing rum. The US trademark registration for "Havana Club" lapsed in 1973. The family alleges that this was due to the company's lawyer, Javier Arechabala, remaining imprisoned at the time.<ref>{{Cite web|url=https://www.americanbar.org/content/dam/aba/events/entertainment_sports/miami/coursematerials/international-ip.pdf|title=Will the end of the embargo lead to clarity for US and Cuban brands?|last = Friedland|first = David K.|date = 2016|website = Current Issues in International Intellectual Property|access-date = 11 December 2018 |page = 6}}</ref> Taking advantage of the lapse, the Cuban government registered the mark in the US in 1976.<ref name=":1">{{cite news | url=http://www.miamiherald.com/incoming/article1941675.html | title=Havana Club rum dispute isn’t over yet | work=Miami Herald | date=20 July 2012 | accessdate=11 January 2015 | author=Whitefield|first = Mimi}}</ref> The brand was then assigned by the Cuban government to Pernod Ricard in 1993.{{fact|date=November 2020}}


In 1994, Bacardi obtained the Arechabala family's remaining rights in the brand, and began producing limited amounts of rum bearing the name. 922 cases were sold in the US in 1995 and 1996.<ref name=":4">{{Cite book|title = International Business and Economics: Law and Policy|last = Stephan|first = Paul B.|publisher = LexisNexis|year = 2010|isbn = 9780327174677|location = |pages = |last2 = Roin|first2 = Julie A.|edition = 5th}}</ref> This drew litigation from Pernod Ricard.<ref name="Bloomberg" /><ref name=":3">{{cite web | url=http://www.caribbeanbusinesspr.com/news03.php?nt_id=55761&ct_id=1 | title=Bacardi wins round in Havana Club fight | publisher=Caribbean Business PR | date=30 March 2011 | accessdate=8 January 2015 | url-status=dead | archiveurl=https://web.archive.org/web/20150109025423/http://www.caribbeanbusinesspr.com/news03.php?nt_id=55761&ct_id=1 | archivedate=9 January 2015 | df=dmy-all }}</ref> Pernod Ricard was successful in two of the first three court holdings issued in this litigation.<ref>{{Cite journal|ssrn = 2039818|title = Rumble of the Rums: The Battle Over 'Havana Club'|last = Aste|first = Dylan M.|date = 2009|journal = Journal of Contemporary Legal issues|doi = |pmid = |access-date = |volume = 19|page = 271}}</ref>
In 1994, Bacardi obtained the Arechabala family's remaining rights in the brand, and began producing limited amounts of rum bearing the name. 922 cases were sold in the US in 1995 and 1996.<ref name=":4">{{Cite book|title = International Business and Economics: Law and Policy|last = Stephan|first = Paul B.|publisher = LexisNexis|year = 2010|isbn = 9780327174677|last2 = Roin|first2 = Julie A.|edition = 5th}}</ref> This drew litigation from Pernod Ricard.<ref name="Bloomberg" /><ref name=":3">{{cite web | url=http://www.caribbeanbusinesspr.com/news03.php?nt_id=55761&ct_id=1 | title=Bacardi wins round in Havana Club fight | publisher=Caribbean Business PR | date=30 March 2011 | accessdate=8 January 2015 | url-status=dead | archive-url=https://web.archive.org/web/20150109025423/http://www.caribbeanbusinesspr.com/news03.php?nt_id=55761&ct_id=1 | archive-date=9 January 2015 | df=dmy-all }}</ref> Pernod Ricard was successful in two of the first three court holdings issued in this litigation.<ref>{{Cite journal|ssrn = 2039818|title = Rumble of the Rums: The Battle Over 'Havana Club'|last = Aste|first = Dylan M.|date = 2009|journal = Journal of Contemporary Legal issues|volume = 19|page = 271}}</ref>


However, in 1998, after heavy lobbying from Bacardi, the [[US Congress]] passed the "Bacardi Act" (Section 211 of the Omnibus Appropriations Act of 1998<ref>Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999,
However, in 1998, after heavy lobbying from Bacardi, the [[US Congress]] passed the "Bacardi Act" (Section 211 of the Omnibus Appropriations Act of 1998<ref>Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999,
[https://www.congress.gov/bill/105th-congress/house-bill/4328/ Pub. L. No. 105-277], 112 Stat. 268</ref>), which protected trademarks related to expropriated Cuban companies, and effectively ended the first phase of the litigation by eliminating Pernod Ricard's [[Standing (law)|standing]].<ref name=":2" /><ref>{{Cite web|url = http://www.thedailybeast.com/articles/2014/12/19/why-congress-hates-your-cuban-rum.html|title = Why Congress Hates Your Cuban Rum|date = 19 December 2014|accessdate = 8 January 2015|website = Daily Beast|publisher = |last = Mak|first = Tim}}</ref> The statute has been applied only to the Havana Club trademark,<ref name="Bloomberg" /> and was ruled illegal by the WTO in 2001 and 2002, on grounds that it singled out one country (Cuba).<ref>{{Cite web|url = http://www.wto.int/english/tratop_e/dispu_e/cases_e/ds176_e.htm|title = DISPUTE SETTLEMENT: DISPUTE DS176 United States — Section 211 Omnibus Appropriations Act of 1998|date = 2 January 2002|accessdate = |website = World Trade Organization|publisher = |last = |first = }}</ref> The United States has not yet acted to address the WTO ruling,<ref>{{Cite journal|url = http://www.cardozoaelj.com/wp-content/uploads/2012/07/Farhadian.pdf|title = Stealing Bacardi's Thunder|last = Farhadian|first = Sarah L.|date = 8 June 2012|journal = Cardozo Arts and Entertainment Law Journal|doi = |pmid = |access-date = |page = 320|volume = 30}}</ref> despite a 2005 deadline and requests from the European Union.<ref>{{Cite web|url = http://ipkitten.blogspot.com/2008/03/john-beast-bruton-savages-yanks.html|title = John ("the Beast") Bruton savages the yanks ... diplomatically|date = 28 March 2008|accessdate = |website = IP Kat|publisher = |last = |first = }}</ref>
[https://www.congress.gov/bill/105th-congress/house-bill/4328/ Pub. L. No. 105-277], 112 Stat. 268</ref>), which protected trademarks related to expropriated Cuban companies, and effectively ended the first phase of the litigation by eliminating Pernod Ricard's [[Standing (law)|standing]].<ref name=":2" /><ref>{{Cite web|url = http://www.thedailybeast.com/articles/2014/12/19/why-congress-hates-your-cuban-rum.html|title = Why Congress Hates Your Cuban Rum|date = 19 December 2014|accessdate = 8 January 2015|website = Daily Beast|last = Mak|first = Tim}}</ref> The statute has been applied only to the Havana Club trademark,<ref name="Bloomberg" /> and was ruled illegal by the WTO in 2001 and 2002, on grounds that it singled out one country (Cuba).<ref>{{Cite web|url = http://www.wto.int/english/tratop_e/dispu_e/cases_e/ds176_e.htm|title = DISPUTE SETTLEMENT: DISPUTE DS176 United States — Section 211 Omnibus Appropriations Act of 1998|date = 2 January 2002|website = World Trade Organization}}</ref> The United States has not yet acted to address the WTO ruling,<ref>{{Cite journal|url = http://www.cardozoaelj.com/wp-content/uploads/2012/07/Farhadian.pdf|title = Stealing Bacardi's Thunder|last = Farhadian|first = Sarah L.|date = 8 June 2012|journal = Cardozo Arts and Entertainment Law Journal|page = 320|volume = 30}}</ref> despite a 2005 deadline and requests from the European Union.<ref>{{Cite web|url = http://ipkitten.blogspot.com/2008/03/john-beast-bruton-savages-yanks.html|title = John ("the Beast") Bruton savages the yanks ... diplomatically|date = 28 March 2008|website = IP Kat}}</ref>


Following the initial round of litigation, a second round of litigation occurred, through both the [[US Federal court system]] and the [[Trademark Trial and Appeal Board]], focused in part on the allegedly [[Deceptive advertising|deceptive]] nature of the use of "Havana" in the name of a rum produced outside of Cuba.<ref name=":5" /> This round of litigation lasted from 2009 to 2012, and again resulted in a victory for Bacardi.<ref name=":1" /> After this defeat, Pernod Ricard announced plans to market the product in the US under the "Havanista" mark,<ref>{{Cite web|url = http://www.thespiritsbusiness.com/2014/12/pernod-moves-step-closer-to-havanista-us-launch/|title = Pernod moves step closer to Havanista US launch|date = 18 December 2014|accessdate = 11 January 2015|website = The Spirits Business|publisher = |last = Hopkins|first = Amy}}</ref> while Bacardi announced plans to extend distribution of Bacardi's version of Havana Club throughout the US.<ref>{{Cite web|url = http://www.huffingtonpost.com/2012/06/13/bacardi-havana-club-rum_n_1592027.html|title = Bacardi To Start Selling Havana Club Rum Across The United States|date = 13 June 2012|accessdate = |website = Huffington Post|publisher = |last = Harrison|first = Carlos}}</ref>
Following the initial round of litigation, a second round of litigation occurred, through both the [[US Federal court system]] and the [[Trademark Trial and Appeal Board]], focused in part on the allegedly [[Deceptive advertising|deceptive]] nature of the use of "Havana" in the name of a rum produced outside of Cuba.<ref name=":5" /> This round of litigation lasted from 2009 to 2012, and again resulted in a victory for Bacardi.<ref name=":1" /> After this defeat, Pernod Ricard announced plans to market the product in the US under the "Havanista" mark,<ref>{{Cite web|url = http://www.thespiritsbusiness.com/2014/12/pernod-moves-step-closer-to-havanista-us-launch/|title = Pernod moves step closer to Havanista US launch|date = 18 December 2014|accessdate = 11 January 2015|website = The Spirits Business|last = Hopkins|first = Amy}}</ref> while Bacardi announced plans to extend distribution of Bacardi's version of Havana Club throughout the US.<ref>{{Cite web|url = http://www.huffingtonpost.com/2012/06/13/bacardi-havana-club-rum_n_1592027.html|title = Bacardi To Start Selling Havana Club Rum Across The United States|date = 13 June 2012|website = Huffington Post|last = Harrison|first = Carlos}}</ref>


In Spain, Pernod Ricard's ownership of the mark has been upheld in three court rulings, most recently in 2011.<ref name=":3" />
In Spain, Pernod Ricard's ownership of the mark has been upheld in three court rulings, most recently in 2011.<ref name=":3" />


In January 2016, after [[Cuban thaw|a thaw in U.S.–Cuba relations]], the U.S. government awarded a trademark for Havana Club to the Cuban government, which was "expected to reignite longstanding tension between Bacardi Ltd. and the Cuban government".<ref>{{Cite news|url=http://www.miamiherald.com/news/nation-world/world/americas/cuba/article54863035.html|title=Cuba prevails in Havana Club rum dispute with Bacardi|last=Whitefield|first=Mimi|date=15 January 2016|work=|access-date=2016-12-06|via=|newspaper=Miami Herald}}</ref><ref name="trippmickle">{{cite web|url=https://www.wsj.com/articles/cuban-government-granted-a-u-s-trademark-for-havana-club-rum-1452890441|title=U.S. Grants Cuban Government a Trademark for Havana Club Rum|author=Tripp Mickle|date=15 January 2016|work=WSJ|url-access=subscription }}</ref> Bacardi appealed the decision, and in 2017, a bipartisan delegation from the [[Florida House of Representatives]] asked new President [[Donald Trump]] to reverse the decision.<ref>{{Cite news|url=http://www.miamiherald.com/news/business/international-business/article57948323.html|title=Bacardi says it’s not over yet in Havana Club trademark battle|last=Whitefield|first=Mimi|date=2 February 2016|work=|newspaper=Miami Herald|access-date=2016-12-06|via=}}</ref><ref>{{Cite news|url=http://www.miamiherald.com/news/nation-world/world/americas/cuba/article141553089.html|title=Florida lawmakers ask Trump administration to revoke Havana Club trademark license|last=Gámez Torres|first=Nora|date=2017-03-29|work=Miami Herald|access-date=2017-07-08}}</ref>
In January 2016, after [[Cuban thaw|a thaw in U.S.–Cuba relations]], the U.S. government awarded a trademark for Havana Club to the Cuban government, which was "expected to reignite longstanding tension between Bacardi Ltd. and the Cuban government".<ref>{{Cite news|url=http://www.miamiherald.com/news/nation-world/world/americas/cuba/article54863035.html|title=Cuba prevails in Havana Club rum dispute with Bacardi|last=Whitefield|first=Mimi|date=15 January 2016|access-date=2016-12-06|newspaper=Miami Herald}}</ref><ref name="trippmickle">{{cite web|url=https://www.wsj.com/articles/cuban-government-granted-a-u-s-trademark-for-havana-club-rum-1452890441|title=U.S. Grants Cuban Government a Trademark for Havana Club Rum|author=Tripp Mickle|date=15 January 2016|work=WSJ|url-access=subscription }}</ref> Bacardi appealed the decision, and in 2017, a bipartisan delegation from the [[Florida House of Representatives]] asked new President [[Donald Trump]] to reverse the decision.<ref>{{Cite news|url=http://www.miamiherald.com/news/business/international-business/article57948323.html|title=Bacardi says it’s not over yet in Havana Club trademark battle|last=Whitefield|first=Mimi|date=2 February 2016|newspaper=Miami Herald|access-date=2016-12-06}}</ref><ref>{{Cite news|url=http://www.miamiherald.com/news/nation-world/world/americas/cuba/article141553089.html|title=Florida lawmakers ask Trump administration to revoke Havana Club trademark license|last=Gámez Torres|first=Nora|date=2017-03-29|work=Miami Herald|access-date=2017-07-08}}</ref>


== Current sales and marketing ==
== Current sales and marketing ==
[[File:Giradilla.jpg|thumb|upright|The Giraldilla of Havana, used on the Havana Club logo and labeling.]]
[[File:Giradilla.jpg|thumb|upright|The Giraldilla of Havana, used on the Havana Club logo and labeling.]]
Pernod Ricard's Havana Club is the fifth-largest rum brand in the world, with almost 4 million cases sold in 2012&ndash;2013.<ref>{{Cite web|url = http://www.cubacontemporanea.com/en/havana-club-sales-3-percent|title = Havana Club Sales Up 3 Percent|date = 30 August 2013|website = Cuba Contemporanea|url-status = dead|archiveurl = https://web.archive.org/web/20150109041412/http://www.cubacontemporanea.com/en/havana-club-sales-3-percent|archivedate = 9 January 2015|df = dmy-all}}</ref> It is sold in over 120 countries.<ref name=":1" /> Its strongest markets include France, and Germany, where marketing plays off the brand's distribution in East Germany during the Cold War.<ref>{{Cite book|title = Sun, Sex, and Socialism: Cuba in the German Imaginary|last = Hosek|first = Jennifer Ruth|publisher = University of Toronto Press|year = 2012|isbn = 9781442641389|location = |pages = 27–36}}</ref> Since 2008, it is also bottled in India, the world's second-largest rum market.<ref>{{Cite news|url = http://articles.economictimes.indiatimes.com/2008-08-19/news/27720124_1_bacardi-white-rum-cuban-government|title = Pernod takes on Bacardi with Havana Club|last = Kurian|first = Boby|date = 19 August 2008|work = The Economic Times|access-date = |last2 = Gupta|first2 = Swagata}}</ref>
Pernod Ricard's Havana Club is the fifth-largest rum brand in the world, with almost 4 million cases sold in 2012&ndash;2013.<ref>{{Cite web|url = http://www.cubacontemporanea.com/en/havana-club-sales-3-percent|title = Havana Club Sales Up 3 Percent|date = 30 August 2013|website = Cuba Contemporanea|url-status = dead|archive-url = https://web.archive.org/web/20150109041412/http://www.cubacontemporanea.com/en/havana-club-sales-3-percent|archive-date = 9 January 2015|df = dmy-all}}</ref> It is sold in over 120 countries.<ref name=":1" /> Its strongest markets include France, and Germany, where marketing plays off the brand's distribution in East Germany during the Cold War.<ref>{{Cite book|title = Sun, Sex, and Socialism: Cuba in the German Imaginary|last = Hosek|first = Jennifer Ruth|publisher = University of Toronto Press|year = 2012|isbn = 9781442641389|pages = 27–36}}</ref> Since 2008, it is also bottled in India, the world's second-largest rum market.<ref>{{Cite news|url = http://articles.economictimes.indiatimes.com/2008-08-19/news/27720124_1_bacardi-white-rum-cuban-government|title = Pernod takes on Bacardi with Havana Club|last = Kurian|first = Boby|date = 19 August 2008|work = The Economic Times|last2 = Gupta|first2 = Swagata}}</ref>


Pernod Ricard plays heavily on Cuban themes in its marketing, including labeling Havana Club as "El Ron de Cuba" ("The Rum of Cuba").<ref name=":0" /><ref name=":4" /> It is one of the most common items brought into the US by tourists returning from Cuba.<ref name=":4" /> To avoid charges of customer deception, Bacardi's Havana Club labeling prominently mentions that it is made in Puerto Rico and is often referred to as "Havana Club Puerto Rican rum".<ref name=":5">{{Cite web|url = http://tushnet.blogspot.com/2010/04/havana-club-rum-from-puerto-rico-not.html|title = Havana Club rum from Puerto Rico not false advertising|date = 15 April 2010|accessdate = 15 January 2015|website = [[Rebecca Tushnet]]'s 43(B)log: False advertising and more|publisher = |last = Tushnet|first = Rebecca}}</ref>
Pernod Ricard plays heavily on Cuban themes in its marketing, including labeling Havana Club as "El Ron de Cuba" ("The Rum of Cuba").<ref name=":0" /><ref name=":4" /> It is one of the most common items brought into the US by tourists returning from Cuba.<ref name=":4" /> To avoid charges of customer deception, Bacardi's Havana Club labeling prominently mentions that it is made in Puerto Rico and is often referred to as "Havana Club Puerto Rican rum".<ref name=":5">{{Cite web|url = http://tushnet.blogspot.com/2010/04/havana-club-rum-from-puerto-rico-not.html|title = Havana Club rum from Puerto Rico not false advertising|date = 15 April 2010|accessdate = 15 January 2015|website = [[Rebecca Tushnet]]'s 43(B)log: False advertising and more|last = Tushnet|first = Rebecca}}</ref>


Pernod Ricard's labeling, originated by Cubaexport in the 1970s, is gold and red, and features the [[Castillo de la Real Fuerza#La Giraldilla|Giraldilla]], a weathervane from the old fort of Havana.<ref name=":0" /> Pernod Ricard has announced plans to use similar gold and red labels on their "Havanista" product in the United States.<ref name=":1" />
Pernod Ricard's labeling, originated by Cubaexport in the 1970s, is gold and red, and features the [[Castillo de la Real Fuerza#La Giraldilla|Giraldilla]], a weathervane from the old fort of Havana.<ref name=":0" /> Pernod Ricard has announced plans to use similar gold and red labels on their "Havanista" product in the United States.<ref name=":1" />

Revision as of 22:40, 1 December 2020

Havana Club
Product typeRum
OwnerThere are two competing Havana Club brands. 1) State-owned Corporación Cuba Ron. 2) Bacardi
CountryHavana Club originated in Cardenas, Cuba by José Arechabala S.A.,
Introduced1934
Related brandsHavana Club (Bacardi)
MarketsState-run Corporación Cuba Ron version sold globally except within United States. Bacardi version sold in the United States.
Ambassador(s)Bacardi owned Havana Club U.S. brand Ambassador is named Gio Gutierrez, based in Miami, Florida. Gio fled Cuba with his family after his father was imprisoned by the Cuban government.
TaglineBacardi: Havana Club #ForeverCuban / Pernod Ricard:"El Ron de Cuba"
Websitewww.havana-club.com
www.therealhavanaclub.com

Havana Club is a brand of rum created in Cuba in 1934. Originally produced in Cárdenas, Cuba, by family-owned José Arechabala S.A., the brand was nationalized after the Cuban Revolution of 1959. In 1993, French-owned Pernod Ricard and the government of Cuba created a state-run 50:50 joint venture called Corporación Cuba Ron. They began exporting this version of Havana Club globally, except for the United States due to the embargo put in place by the U.S. government.

Bacardi, another Cuban family that had left Cuba after the Cuban revolution, after purchasing the original Arechabala family Havana Club recipe, also began producing Havana Club Rum in 1994, a competing product made in Puerto Rico and sold in the United States.

Bacardi and Pernod Ricard have engaged in ongoing litigation about ownership of the name "Havana Club".

Arechabala family history and production

The current distillery in Santa Cruz del Norte

The Arechabala family founded a distillery in Cardenas, Cuba in 1878.[1] Later renamed José Arechabala S.A., the company created the Havana Club brand in 1934, and sold rum under that name in both Cuba and the United States.[2][3] The company was nationalized without compensation by the Castro government in 1960.[4] The Arechabala family allege it was taken from them at gunpoint.[5] Subsequently, much of the Arechabala family was forced to leave Cuba for Spain and the United States, while other members of the family were imprisoned.[6]

The Cuban government sold rum abroad under the Havana Club name beginning in 1972, focusing primarily on the Soviet Union and Eastern Europe.[7] The government focused on Havana Club because (unlike the Bacardi family) the Arechabala family had not established plants outside of Cuba and so could not produce a competing brand.[1] The company was considered a "national jewel" by the Cuban government, and in 1977 manufacturing was moved to a new plant in Santa Cruz del Norte.[1]

Since 1994, Cuban production and non-US global marketing of Havana Club has continued under a joint partnership between Pernod Ricard and Corporación Cuba Ron.[4]

In 1994, Bacardi began producing rum under the Havana Club name in Cataño, Puerto Rico using a recipe given to them by Arechabala family members.[7][8] While originally sold in only a few US states (primarily Florida), production was expanded in 2006, and in 2012, after winning a critical court battle, Bacardi announced plans to sell the rum more broadly.[9]

Pernod Ricard/Bacardi trademark conflict

The Havana Club trademark has been the subject of extensive trademark litigation in the US, Spain, and World Trade Organization (WTO).[10]

After José Arechabala S.A. was nationalized, the Arechabala family fled Cuba and was forced to stop producing rum. The US trademark registration for "Havana Club" lapsed in 1973. The family alleges that this was due to the company's lawyer, Javier Arechabala, remaining imprisoned at the time.[11] Taking advantage of the lapse, the Cuban government registered the mark in the US in 1976.[9] The brand was then assigned by the Cuban government to Pernod Ricard in 1993.[citation needed]

In 1994, Bacardi obtained the Arechabala family's remaining rights in the brand, and began producing limited amounts of rum bearing the name. 922 cases were sold in the US in 1995 and 1996.[12] This drew litigation from Pernod Ricard.[4][8] Pernod Ricard was successful in two of the first three court holdings issued in this litigation.[13]

However, in 1998, after heavy lobbying from Bacardi, the US Congress passed the "Bacardi Act" (Section 211 of the Omnibus Appropriations Act of 1998[14]), which protected trademarks related to expropriated Cuban companies, and effectively ended the first phase of the litigation by eliminating Pernod Ricard's standing.[7][15] The statute has been applied only to the Havana Club trademark,[4] and was ruled illegal by the WTO in 2001 and 2002, on grounds that it singled out one country (Cuba).[16] The United States has not yet acted to address the WTO ruling,[17] despite a 2005 deadline and requests from the European Union.[18]

Following the initial round of litigation, a second round of litigation occurred, through both the US Federal court system and the Trademark Trial and Appeal Board, focused in part on the allegedly deceptive nature of the use of "Havana" in the name of a rum produced outside of Cuba.[19] This round of litigation lasted from 2009 to 2012, and again resulted in a victory for Bacardi.[9] After this defeat, Pernod Ricard announced plans to market the product in the US under the "Havanista" mark,[20] while Bacardi announced plans to extend distribution of Bacardi's version of Havana Club throughout the US.[21]

In Spain, Pernod Ricard's ownership of the mark has been upheld in three court rulings, most recently in 2011.[8]

In January 2016, after a thaw in U.S.–Cuba relations, the U.S. government awarded a trademark for Havana Club to the Cuban government, which was "expected to reignite longstanding tension between Bacardi Ltd. and the Cuban government".[22][23] Bacardi appealed the decision, and in 2017, a bipartisan delegation from the Florida House of Representatives asked new President Donald Trump to reverse the decision.[24][25]

Current sales and marketing

The Giraldilla of Havana, used on the Havana Club logo and labeling.

Pernod Ricard's Havana Club is the fifth-largest rum brand in the world, with almost 4 million cases sold in 2012–2013.[26] It is sold in over 120 countries.[9] Its strongest markets include France, and Germany, where marketing plays off the brand's distribution in East Germany during the Cold War.[27] Since 2008, it is also bottled in India, the world's second-largest rum market.[28]

Pernod Ricard plays heavily on Cuban themes in its marketing, including labeling Havana Club as "El Ron de Cuba" ("The Rum of Cuba").[1][12] It is one of the most common items brought into the US by tourists returning from Cuba.[12] To avoid charges of customer deception, Bacardi's Havana Club labeling prominently mentions that it is made in Puerto Rico and is often referred to as "Havana Club Puerto Rican rum".[19]

Pernod Ricard's labeling, originated by Cubaexport in the 1970s, is gold and red, and features the Giraldilla, a weathervane from the old fort of Havana.[1] Pernod Ricard has announced plans to use similar gold and red labels on their "Havanista" product in the United States.[9]

In 2016, Bacardi announced new branding and sells their version of Havana Club nationally, distilled in Puerto Rico and bottled in Florida.[29]

Grades and blends

Havana Club 7 años

Pernod Ricard

  • Añejo Blanco: White rum; aged 1 year. Marketed as a mixer.[30]
  • Añejo 3 Años: Aged 3 years.[31]
  • Añejo Especial[32]
  • Añejo Reserva[33]
  • Añejo 7 Años: Dark rum; aged 7 years.[34]
  • Añejo 15 Años: Limited release rum aged at least 15 years.[35] Has won International Spirits Challenge awards.[36]
  • Máximo Extra Añejo: A luxury aged rum retailing for over $1,000 a bottle, with only 1,000 bottles released.[37] Packaged in a hand-blown glass bottle.[38]
  • Selección de Maestros: A relaunch of the 45% ABV (90 proof) "Cuban Barrel Proof" grade,[39] Selección de Maestros ("Selections of masters") has performed well at spirit ratings competitions. For instance, at the 2014 San Francisco World Spirits Competition, it won a double gold medal. Ratings aggregator Proof66 has also placed the Selecciones de Maestros in the 99th percentile of all rums.[40]
  • Unión, blended to pair with cigars.[41]

Bacardi

  • Clásico, marketed as a sipping rum.
  • Blanco, marketed as a mixer.[42]

See also

References

  1. ^ a b c d e Gjelten, Tom (2008). Bacardi and the Long Fight for Cuba: The Biography of a Cause. Penguin. ISBN 9780670019786.
  2. ^ de la Fé, E.J. "Arechabala Industries".
  3. ^ "Bacardi Files Appeal and Asks Court to Declare Company Exclusive Owner of Havana Club Brand". Business Wire. 30 March 2004. Retrieved 11 January 2015.
  4. ^ a b c d Decker, Susan. "Pernod Ricard Loses Appeals Court Ruling in Bacardi 'Havana Club Fight". Bloomberg. Retrieved 9 January 2015.
  5. ^ Montgomery, David. "Havana Club vs. Havana Club: Inside the rum war between Bacardi and Cuba". The Washington Post. Retrieved 18 December 2018.
  6. ^ Osorio, Sonia. "War over Havana Club rum continues: 'Don't tell us we're not Cuban,' commercial says". Miami Herald. Retrieved 2 January 2018.
  7. ^ a b c O'Connell, Jr., Robert M. (2006). "A heady mix" (PDF). World Trademark Review (November/December 2006): 5–10. Retrieved 11 January 2015.
  8. ^ a b c "Bacardi wins round in Havana Club fight". Caribbean Business PR. 30 March 2011. Archived from the original on 9 January 2015. Retrieved 8 January 2015.
  9. ^ a b c d e Whitefield, Mimi (20 July 2012). "Havana Club rum dispute isn't over yet". Miami Herald. Retrieved 11 January 2015.
  10. ^ Joaquín Roy (2000). Cuba, the United States, and the Helms-Burton Doctrine. University Press of Florida. p. 55.
  11. ^ Friedland, David K. (2016). "Will the end of the embargo lead to clarity for US and Cuban brands?" (PDF). Current Issues in International Intellectual Property. p. 6. Retrieved 11 December 2018.
  12. ^ a b c Stephan, Paul B.; Roin, Julie A. (2010). International Business and Economics: Law and Policy (5th ed.). LexisNexis. ISBN 9780327174677.
  13. ^ Aste, Dylan M. (2009). "Rumble of the Rums: The Battle Over 'Havana Club'". Journal of Contemporary Legal issues. 19: 271. SSRN 2039818.
  14. ^ Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Pub. L. No. 105-277, 112 Stat. 268
  15. ^ Mak, Tim (19 December 2014). "Why Congress Hates Your Cuban Rum". Daily Beast. Retrieved 8 January 2015.
  16. ^ "DISPUTE SETTLEMENT: DISPUTE DS176 United States — Section 211 Omnibus Appropriations Act of 1998". World Trade Organization. 2 January 2002.
  17. ^ Farhadian, Sarah L. (8 June 2012). "Stealing Bacardi's Thunder" (PDF). Cardozo Arts and Entertainment Law Journal. 30: 320.
  18. ^ "John ("the Beast") Bruton savages the yanks ... diplomatically". IP Kat. 28 March 2008.
  19. ^ a b Tushnet, Rebecca (15 April 2010). "Havana Club rum from Puerto Rico not false advertising". Rebecca Tushnet's 43(B)log: False advertising and more. Retrieved 15 January 2015.
  20. ^ Hopkins, Amy (18 December 2014). "Pernod moves step closer to Havanista US launch". The Spirits Business. Retrieved 11 January 2015.
  21. ^ Harrison, Carlos (13 June 2012). "Bacardi To Start Selling Havana Club Rum Across The United States". Huffington Post.
  22. ^ Whitefield, Mimi (15 January 2016). "Cuba prevails in Havana Club rum dispute with Bacardi". Miami Herald. Retrieved 6 December 2016.
  23. ^ Tripp Mickle (15 January 2016). "U.S. Grants Cuban Government a Trademark for Havana Club Rum". WSJ.
  24. ^ Whitefield, Mimi (2 February 2016). "Bacardi says it's not over yet in Havana Club trademark battle". Miami Herald. Retrieved 6 December 2016.
  25. ^ Gámez Torres, Nora (29 March 2017). "Florida lawmakers ask Trump administration to revoke Havana Club trademark license". Miami Herald. Retrieved 8 July 2017.
  26. ^ "Havana Club Sales Up 3 Percent". Cuba Contemporanea. 30 August 2013. Archived from the original on 9 January 2015.
  27. ^ Hosek, Jennifer Ruth (2012). Sun, Sex, and Socialism: Cuba in the German Imaginary. University of Toronto Press. pp. 27–36. ISBN 9781442641389.
  28. ^ Kurian, Boby; Gupta, Swagata (19 August 2008). "Pernod takes on Bacardi with Havana Club". The Economic Times.
  29. ^ Whitefield, Mimi (31 May 2016). "Bacardi evokes Cuba's 'golden age' in taking Havana Club rum national". Miami Herald. Retrieved 8 July 2017.
  30. ^ "Havana Club". Pernod Ricard. Retrieved 25 May 2015.
  31. ^ "Havana Club añejo 3 años | 3 year old aged rum". Havana Club. Retrieved 11 September 2019.
  32. ^ "Añejo Especial Rum | Gold rum| Havana Club". Pernod Ricard. Archived from the original on 23 May 2015. Retrieved 25 May 2015.
  33. ^ "Añejo Reserva Rum | Havana Club". Pernod Ricard. Archived from the original on 19 May 2015. Retrieved 25 May 2015.
  34. ^ "Dark rum | 7 year old aged rum | Havana Club". Havana Club. Retrieved 11 September 2019.
  35. ^ "Añejo 15 Años Rum | Havana Club". Pernod Ricard. Archived from the original on 23 May 2015. Retrieved 25 May 2015.
  36. ^ "ISC trophies announced". Drinks International. Retrieved 25 May 2015.
  37. ^ "Premium Cuban Rum – Havana Club's Maximo Extra Añejo". Luxury Insider. 19 July 2008. Retrieved 25 May 2015.
  38. ^ "Máximo Extra Añejo Rum | Havana Club". Pernod Ricard. Archived from the original on 23 May 2015. Retrieved 25 May 2015.
  39. ^ Dykstra, Chip (20 May 2012). "Havana Club Selección de Maestros". The Rum Howler Blog. Retrieved 15 January 2015.
  40. ^ "Havana Club Seleccion de Maestros". Proof66.com. Retrieved 15 January 2015.
  41. ^ "Tasting Of Havana Club Union Rum With Master Blender". Havana Insider. 5 February 2016. Retrieved 18 November 2017.
  42. ^ Passy, Charles. "Bacardi is touting a 'Cuban' rum that's actually made in Puerto Rico". MarketWatch. Retrieved 18 November 2017.

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