Havana Club Holding S.A. v. Galleon S.A., 203 F.3d 116 (2d Cir. 2000)

Date issued: Feb. 04 2000

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TURBOFAC Commentary (724 words)

Notes:

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...