15 August 2011, London
The Havana Club trade mark saga has stumbled on one more step, with Pernod Ricard losing an appeal in the side show of a false advertising case
On August 4 the Court of Appeals for the Third Circuit upheld the lower court's decision that Bacardi's Havana Club drink does not constitute false advertising, as it clearly states on the label that the rum is made in Puerto Rico.
The long-running dispute between Pernod Ricard and Bacardi goes back to the Cuban Revolution in 1960, when the state seized production of Havana Club and later created a joint venture with Pernod Ricard to sell it outside the US. The US has since had a trade embargo on Cuban products, allowing Bacardi to sell its own version of the drink there (see timeline below).
Pernod has lost all cases in the US, but won them elsewhere in the world. Bacardi finally failed in its attempt to enforce trade mark rights in Spain at the Supreme Court..........
Mattel to appeal $300 million Bratz award
12 August 2011, New York
Mattel has vowed to appeal a California court’s order to pay nearly $310 million in its seven-year dispute over the Bratz franchise
“Mattel remains committed to finding a resolution that allows us to conclude this litigation on terms that are reasonable and fair to Mattel,” the company said in a statement released yesterday.
Judge David Carter 
of the Central District of California last week denied Mattel’s motion for a new trial against MGA Entertainment after a jury found the creator of Barbie had misappropriated its competitor’s trade secrets willfully and maliciously.
MGA’s damages award has been adjusted from $88.5 million to $85 million as a result of a mathematical error made by........
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