Join one replies to listen a business wars one week early and ad free in the wonder, YAP down, the wonder yap in your apple or Google play Mobile Appstore. Today, It's a muddy rainy day in the summer at ninety nine nine and a french mountain town of Look Rob who now american cyclist, Lance Armstrongs, Zips past Patrick Record, the ceo of french spirits maker for an open call, required wears a tansu without a tie, he stands on alchemy of a Richie Hotel, just above the course of the tour de France Bike race, the record family has been a sponsor of the events inciting forty eight. Armstrong disappears into the hills for no exit,

Michel Board turns to his boss. Petrie can we about Havana Club now board heads up regards. U S. Division six years earlier. He helped them negotiate the deal for an even split of Havana Club with Fidel Castro. He's come to France with sobering news. The american Zack additives are pushing me to give up our fight for Evanna Club afterward asked our law suit. This year they dont believe We can ever secure the trademark card, takes a deep breath and puts of hands on the railing that the balcony for the poor asked for years he's been fighting Bacardi over the. U S trade mark to Havana Club without it brand can't sell in the U S unless Decades. Long embargo against Cuba is lifted. Rico looks down as more writers. Black has.

Michel telling me people in our own company wonders to surrender its not survive. They just want to find a different way, they say most. American consumers have never even heard of Havana Club because of embargo so I spend millions of dollars on this legal fine. If the go does and we just rebranded than a club, be called. Something else say her Is that right our nose, rebranding, Evanna Club in the U S would solve for no regards problems, but he just can't bring himself to do that. No No, no Pernod didn't give when absence was banned in France. My father didn't give up when his prestige was banned during World WAR too. That's we, company today and we, not giving up Havana Club now recall

stretches out his arms. Like he's unfurling a banner in the marketing Havana, cod, the rum that was banned for generations, can now finally be yours, no not going to let Bacardi take that away from US You tell your american executives that this is about french pride now We will never ever surrender to catch Bacardi. For no Ricard is going to switch into a higher gear. Bacardi is about to enlist and new team of politicians in and on running Pernod Ricard off the road when you run a growing business, no two days of the same one your hiring employees. The next year launching a website well delta allergies advisers, understand your challenges and they're here with the right tech solutions. So you can have all of your business and stop at nothing for your customers collar

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from wondering. I'm David Brown- and this is business wars, In the last episode recordings back door, dealings in Washington gave it the upper hand in the fight over the. U S trademark, for Havana Club, it's lobby, Stephen help write a new. U S: law known as section to eleven barring? U S, courts from recognising trademarks for brands that were confiscated by the cuban government, but why had been dead for no records. U S trademark infringements suit against Bacardi. It also taught

no record how to work the levers of power in Washington and now it too He is ready to lean on lawmakers to beat Bacardi in court, but a major change to american policy is about to take. we won by surprise and complete he changed. The rules of engagement in the battle we're Havana Club. This is episode. Five punch politics its November two thousand and one republican congressmen, Tom Delay, heads down the hall and the? U S: Department of Commerce, delay is one of the most powerful members of the House of Representatives. They call The hammer because of his pension for pounding political opponents but delay has made some friends to the Bacardi company, is one of them guess dead,

many of delays, GEO P fund razors walk away with Bacardi swag, including free wrong. Now, Delay wants to repay that favour these steps into the Office of Donovan's, the newcomer secretary and a fellow Texan Evans, a tall former oil man with a full headed salt and pepper hair have a seat tom, Tell me what can I do for you, Mister secretary. The time for justice is Comfor, Bacardi, the? U S. Offices, under your oversight- and I know it can cancel Pineau Records trademark, claim to Havana Club and put this thing arrest once and for all a bit asked Tom of our at the World Trade Organization, breathing down my neck over Bacardi. You know that recur. Got the deputy o to launch an inquiry into section two. Eleven right, yes,

I've heard whirl of also got a bunch of american companies crime file. Saying section two eleven only benefits picardy section. eleven says you s? Courts can't enforce cuban trademarks if the marks were com, stated from the original owners without compensation. That's it Actually what happened in nineteen fifty nine Fidel cast those regime sees the Havana Club ran from the Rachel Bala family in exile, the Rachel Baldos, so the rights to Havana Club to Bacardi, but for Bacardi the problem with section two eleven is that it violates the W Theo's international trade mark rules delay. try another tat, Two years ago a federal judge rule the: U S had to cancel the Havana Club trademark. We gave to Cuba nineteen seventy six for no real hard suit and lost end of story about that. The main Bacardi automatically gets the trademark

Andy right now. As I understand it, nobody has it every time I just I think I can help you here- leaves unhappy but as a black suv, whisks him back to Capitol Hill, he realizes. There may be another way to pay back Bacardi for its large ass. Its I call on another powerful texting. Its April two thousand to entail a hassle Florida Jorge Rodriguez Markets, the president, Bacardi American Division strolled under alive oak tree draped with spanish MOSS he's about to meet with Florida. Governor Jab Bush events have just gotten complicated. Bacardi, the W p O ruled section. Two eleven must be amended, so it's not specific to Cuba. Now this

Caulking Congress of repealing section two eleven altogether, but Bacardi thinks it can throw other road blocks in regards Pat Roderick smart as and Bacardi are Bush donors tee and governor Bush exchange pleasantries and quickly get down to business Gunnar Bacardi needs our help. These beer. Rats in Washington or doing the bidding of Fidel in pornography car. How do you figure well take office of foreign assets control, for example. You know o fact they oversee? The enforcement of the cuban embargo. Sure right in nineteen, eighty, six or fact refused to to transfer the Havana Club trademark that was given to Cuba, eighteen nineteen, seventy six to no car of access au revoir, hid it's true business arrangement with Castro when it first applied for the transfer right, so for no record has filed a new application for a trademark transfer licence. We don't think factual, reverse its ninety. Ninety six decision, this time around

do about that. We need I want to lean on a fact in the: U S Trademark office, someone to tell them not interfere, just stick with the law says they have to deny the trademark transfer licence and they have to cancel the existing trade mark that the cuban government obtained for Havana Club in nineteen. Seventy six. What market is really saying is dead let anyone tamper with section, two eleven, a law that protects both parties interests. Ok, Jorge will push to get this resolve, allow. What has speaking is the spring of two thousand for and Bacardi U S: executive, Jorge Rodriguez, Marcus gets a call from the companies lobbyists in Washington, bad news hoary, but patent offices decline to cancel the nineteen. Seventy six trade mark that Renault regarding Cuba, Gaffer Evanna Club, what

how Governor Bush directly intervened on our behalf with the head of the pan and trademark office. Yeah. Sorry- I guess, none of that held so are expecting for no record of file to reclaim the trademark. Now, Then we could still stopped him if in fact, refuses them the trademark transfer licence, without that they can the old trademark, but even they get oh fact deny Pernod record the trademark transfer licence for Evanna Club that doesn't in Bacardi automatically gets the trademark majorities. Next move is pure theatre, they're just going to like they already? Why is the summer of two thousand six in to ring. Havana cuban foreign ministers. Sips CAFE, rubato in an open air coffee shop. He's right

a day old copy of the Miami Herald, a story about Bacardi catches, his attention, and throw him into a rage? He sprints back to his Office in calls Felipe could tat the head of print regards cuban operations in Paris you, consumers are being tricked. This story I just read, says Havana Club has just been put on the market in Florida by Bacardi. How can they call this Havana club its main importer Rico, its marketing sleight of hand. the label does say Havana Club, but in smaller print, on the back of the frosted bottle? It says maiden: Puerto Rico parties misleading consumers into believing that its rum is made in Cuba like ours. This is nonsense. It is, is just more shameful tactics from Bacardi. You know what they are: their frayed they're, afraid One day will compete with him in the? U S and our rum will be better. Is

day ever going to come. I promise you. It will some day beat them in court and then will beat them in the marketplace? steamy September night in Miami in two thousand six, I'm fine Will we put their grenadine Roma, Rachel bother former sales manager of Havana Club rum who fled Cuba after the brand was nationalized by the Castro regime is happy. Cocktails in his back yard, with his wife and Paro Ramon, is seventy now and retired. He's making a drink. Called L Presidente a sort of more Tina made with DR remove orange liqueur adding in Havana Club rum, I'm happy, as I can be right now. I'm bottle finally, After all these years, I can sit in my back yard and drink Havana Club Bacardi premium.

Surely relaunched Havana Club with the help of the Iraqi about a family. There thinking it If no one owns the trademark, they might as well claim it by Force Roma takes a sip of his drink. It just like we used to make it may be better. Actually It tastes like freedom since the drank with a long drag on a cigarette, then turns melancholy, our family. This important one some bottle. We mattered in Cuba, we had shipping and sugar cane and rum for dealt took that all from us. He stole our company. He took everything we had. but he didn't take this Ramon snatches, the bottle of Havana Club hoisted up and

and to face south towards Cuba. You didn't tell me, you didn't get the club, you bastard. Castro may not have the Rachel Bala Recipe for Havana Club, cuban government does have something the? U S wants and as political leaders change in Washington and in Havana. Cuba's leaders signal, they are ready to trade, but there too maybe unacceptable. We get support from our I'll bet you wish you were earlier on. Some of the best performing ip owes have twenty nineteen and twenty twenty huh. Well, our crowd. Investors were, and now you can join them and watched act with our crowd accredited,

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It's a drizzly miserably cold spring Day in Washington, in twenty ten but inside a congressional hearing room, fireworks, about to go off. Representatives both Pernod, Ricard and Bacardi, are appearing before lawmakers per annum, cards, top lobbyists, mark or lobby. The first grenade. the past fifteen years, Bacardi has been trying to secure the rights to the? U S: Havana Club Trademark, so to eleven years and has been the linchpin to this strategy. If which does not repeal section two eleven. It will decide The dispute in Bacardi favour California com Wissmann dare Eliza immediately leap, two Bacardi side, MR or your company, has purchased and assets stolen by Fidel Castro, and you are marketing it all around the world the So the world is perfectly willing to. Let you do that.

And now you are sitting here today saying- why won't you? Let us do it in the? U S to govern. have the right to nationalized properties. They also have the obligation to provide compensation to the owners that did not take place in this case in Cuba, but the rate while a family had remedies, could have easily established their rights to Havana Club. All they had to do was violet claim with the: U S government, but they do that in failing do that they forfeited their rights. MR or when I Could you sitting here? I see role and Fidel Castro and burnt record is in fact benefiting from what the Castro regime stole for now. Party has the law on its side? Renault Ricard he's going to defeat Bacardi, something: shaking has to take place and the ground is about to rumble

it's ok! twenty eleven formerly to go governor bill. Richardson has just arrived in Havana. As an unofficial representative of the Obama administration he's. To cut a deal for the release of an american prisoner name, Alan Gross, who Cuba's Victor is a spy Richard has been given a lot to negotiate with, including the trade Mart rights to Havana Club Richards, meets cuban Foreign Minister Bruno Rodriguez in a massive conference room at El Capitan LEO the dough, national Capital building on our Bruno House without doing Gunnar Free, thou, hast good. They say bad days, but on a good day people saying he looks like you live to be a hundred Richardson came friendly with Castro and nineteen ninety six when he went to Cuba to try to negotiate the release of three american prisoners, colluding Alan gross. This is

Richardson's second chance to get gross back home very important to President Obama, that we get gross out of prison. I've got a list of things. We could offer an exchange rate It takes a few moments to look over the list then He raises an eyebrow and glare Richardson, niece are no good. Where does she live How about romantically? Ok, I'm listening trademark transfer licence for Havana Club is being held up by the office of foreign assets control these data? MC lean on olfactory. Okay, the license then Turnover are in Cuba will definitely get the? U S trademark, which I hear Bacardi has been drained, claim that's in Looking back, we release an american prisoner and we get what a piece of paper with a stamp on it. Not none will take Havana Club Trademark Trans relations. But We also need a prisoner for prisoner exchange. We want the Cubans.

Released the human, five or a group of Cubans convicted of spying in the? U S I'm sorry, the cuban five are on the table right now Now? We have no more to discuss Richardson back to his hotel room despondent without even knowing Colonel Ricard, almost God. What years of litigation and lobbying couldn't produce the? U S! trademark for Evanna Club without that already retains its grip on the grand fate. Through everything at the Mccartney family is twenty thirteen. Bacardi, is launched in uncharacteristically serious add campaign. Just months earlier, the! U S Supreme Court rebuff per annum the cards latest legal challenge. That means because he can keep its Havana club on the. U S market. It also means

for no regard may be out of legal options to continue the fight for the Havana Club name. Undeterred, for no Ricard launches a new salvo. It's not up one of Anna Club, but just in case doing something that some Bruno Ricard executives, especially those working for Michel Board in the U S head for all along each. just the name of its Havana Club to Havana, Easter now the? U S, embargo is ever lifted. Pernod Ricard and still bring its Cuban made rom ashore in America. Pineau regards plan is clear. The name evokes Cuba in response. Bacardi unleashes a global, add campaign aimed

reminding consumers of the company's cuban route for prohibition and a mighty toys. Cuban revolution fifties sixties exiled from home country. The Mccartney family didn't just survive. We thrived it is true passion can't pretend the Cardiff unattainable since eighteen sixty two, because he's timing in declaring itself untamable couldn't be better. Because the rum war with Pernod Ricard is nowhere near over and thing you're about to get really. Why in our next episode, as Cuba opens up for no record,

prepares to launch a U S invasion. Meanwhile, pretty engages in a battle for hearts and mines from wondering this, episode. Five Bacardi versus Pernod regard for business wars, like our show, please give us a five star rating in a review and be sure to tell your friends follow business wars on Apple podcast, Spotify, Amazon, music, the wondering apple, wherever you're, listening right now, listen ad free by joining wondering plus we'll find some links and offers from our sponsors and the episode notes. Supporting them helps us keep offering our shows for free and other way you can for the show, is, by filling out a small survey. It wondering dot com, slash survey and which business stories you'd like to hear a quick note, recreations you ve been hearing. In most cases we can't know exactly what was said at the time. Those scenes are dramatization

their based on historical research. many sources when researching our stories, but we especially recommend back channel to Cuba by William LEO Grand and Peter corn. I'm your hosts David Brown Joseph winter wrote this story. Karen low is our senior producer and editor edited and used by Emily Frost Voice. Acting by Chris Garcia, sound designed by Kyle random Young is our associate producer. Our producers Dave Shilling, our exact producers are Jenny, Lauer, Batman and martial. Do we create?

by Erna Lopez for wondering hi. This is Giacometti former New York City prosecutor, retired up your profile or write a producer of sea versus criminal mines and executive producer foxes. New America's most wanted, I'm also the co host of wonder is very first true crime, podcast real crime profile where we analyze real cases with a focus on the victims this month, real crime profile. Is covering a brand new extraordinary case, called victim F about Denise Hoskins in Erin quit who were victims of a shocking home invasion that developed into a kidnapping and sexual assault.

not only were Denise narrower and terrorised by the offenders. They were also traumatized by the police, who were supposed to be investigating their case. You won't want to miss hearing from Denise an hour and about their story as well as our analysis of the crime. Join me, a New Scotland Yard Criminal behaviour analyse Laura Richards, along with our co host leases, aunt Bettie on our next episodes of real crime profile. Real crime profile is available on apple podcast em on music or wherever you listening right now.