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Pernod Ricard USA Intends to Appeal the Ruling About Bacardiís Puerto Rican Rum Havana Club


Wednesday, April 07, 2010

New York, NY -- Pernod Ricard USA, LLC, confirms that, on April 6, 2010, the U.S. District Court inDelaware issued an opinion denying Pernod Ricard USA's request for an injunction barring Bacardi U.S.A. from using "Havana Club" as the name for a rum that is made in Puerto Rico, rather than in Havana, Cuba. The opinion, which did not decide Bacardi's claim that it owns the Havana Club trademark in the US, follows a bench trial conducted on March 3-5, 2009.

Pernod Ricard USA is disappointed that the trial court did not agree with rulings of the U.S. Patent and Trademark Office, which found that Havana is well-known for rum and thus that using the name Havana Club for a non-Cuban rum would mislead consumers. Pernod Ricard USA even submitted a survey to the court showing that consumers are deceived into believing that Bacardi's Havana Club rum comes from Cuba. The Court did not consider the survey results because the Court concluded, incorrectly in our view, that Bacardi was entitled to state that it uses the Arechabala formula to make its rum. In fact, Bacardi's rum comes from Puerto Rico.

Because Pernod Ricard USA believes that this decision is legally and factually incorrect, and that the continued sale of Puerto Rican rum under the Havana Club name would deceive consumers, the company intends to appeal this decision tothe United States Court of Appeals for the Third Circuit.

About Pernod Ricard USA

Pernod Ricard USA is the premium spirits and wine company in the U.S., and the largest subsidiary of Paris, France-based Pernod Ricard SA. In July 2008, Pernod Ricard completed the acquisition of the iconic ABSOLUT® Vodka brand from the V&S Group.

In addition to ABSOLUT®, Pernod Ricard USA's leading brands include such prestigious spirits as The Glenlivet® Single Malt Scotch Whisky, Chivas Regal® Scotch Whisky, Jameson® Irish Whiskey, Seagram's Extra Dry Gin®, Beefeater® Gin, Plymouth™ Gin, Martell® Cognac, Malibu®, Kahlua® Liqueur, Hiram Walker® Liqueurs, Pernod® and Ricard®; such superior wines as Jacob's Creek® and Brancott Estate®; and such exquisite champagnes and sparkling wines as Perrier Jouet® Champagne, G.H. Mumm™ Champagne and Mumm Napa® sparkling wines.

The company is based in Purchase, New York, and has roughly 1,000 employees across the country.

Pernod Ricard USA urges all adults to consume its products responsibly and has an active campaign to promote responsible drinking. For more information on this, please visit: www.acceptresponsibility.org



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