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Havana Club Holding S.A. v. Galleon S.A., 203 F.3d 116 (2d Cir. 2000)
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JON O. NEWMAN, Circuit Judge:
This appeal, raising issues concerning the Cuban embargo, arises from a dispute between two rum producers over the rights to the "Havana Club" trademark and trade name. Havana Club Holding, S.A. ("HCH") and Havana Club International, S.A. ("HCI") appeal from the June 28, 1999, judgment of the United States District Court for the Southern District of New York (Shira A. Scheindlin, District Judge), dismissing trademark, trade name, and false advertising claims against Defendants-Appellees Bacardi Company Ltd. and Bacardi-Martini USA, Inc. We conclude that the Cuban embargo barred assignment to HCH of the "Havana Club" trademark registered in the United States, that we are precluded by statute from enforcing whatever rights HCI might have to trade name protection under the General Inter-American Convention for Trade Mark and Commercial Protection,...
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This item is one of several in the Research System involving the “Havana Club” trademark.
1) Interpretation of the Term “Confiscated,” as it Appears in 515.336(a) of the CACR.
§515.336 Confiscated.
As used in §515.208, the term confiscated refers to:
(a) The nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property, on or after January 1, 1959:
(1) Without the property having been returned or adequate and effective compensation provided…
The court rules that, even where a business may have had “no positive net value” at the time it was expropriated, that would not mean that the business was not “confiscated” within the meaning of 515.336(a) of the CACR. The argument rejected was that since the term “confiscated” refers to expropriations without “adequate...