History of the rum drink
"Cuba Libre"
[REF:
Case No: 92-15333-CIV Circuit Court, Dade County, Florida]
NOTE: The coaster above
says "Cuba Libra" for whatever reason.
Bacardi Coaster
1950s
Bacardi
Advertizement 1950s
Bacardi
Advertizement 1950s
Coca Cola
Advertizement 1958
In The Circuit Court of The Eleventh Judicial
Circuit in And For Dade County, Florida
Case No: 92-15333-CIV
BACARDI & COMPANY, LTD
a foreign corporation, and
BACARDI IMPORTS, INC. a New
York corporation,
Plaintiff,
v.
CUBA LIBRE PRODUCTS-MIAMI,
INC., a Florida corporation,
and JOHN DOE, an unidentified person.
Defendant
COMPLAINT FOR CANCELLATION
OF FLORIDA TRADEMARK
(Seeking Injunctive Relief)
Plaintiff, BACARDI & COMPANY, LTD., a foreign
corporation, and
BACARDI IMPORTS, INC., a New York corporation, by and
through their
attorneys, complaining of defendants, CUBA LIBRE
PRODUCTS-MIAMI, INC.,
a Florida corporation, and JOHN DOE, an unidentified person,
for its
complaint alleges as follows:
Factual Background
8) Rum, a spirit initially made by Spanish colonists from
the juice of
sugar cane plants in Puerto Rico in the 1500's is one of the
leading
beverage alcohol products sold in the world.
9) Plaintiff Bacardi, by and through their predecessors in
interest,
related companies or licensees, have, since at least 1862,
engaged in
the production, distribution and sale of rum. Bacardi®
Rum is
the leading brand of spirits in the world and is offered for
sale
throughout the United States including the State of Florida.
10) Bacardi® Rum has been widely advertised to the
purchasing
public and to the trade throughout the United States by
numerous means
and types of advertising media, including newspapers,
magazines, trade
publications, and the like under the BACARDI® Trademarks
which by
reason of their excellence and quality have come to be known
to the
purchasing public throughout the United States as
representing products
of the highest quality, which are sold under the best
merchandising and
customer service conditions. As a result thereof, the
BACARDI® Trademarks and the goodwill associated therewith
are of
inestimable value to Bacardi & Co.
11) During the Spanish-American War in the late 1800's
American
soldiers took Coca-Cola®, a new soft drink, with them in the
fight
for Cuban independence. At that time a new drink was
created- the
"Cuba Libre", the freedom of Cuba drink, which consisted of
Coca-Cola®, BACARDI® rum, and a lime wedge.
[See:
Bacardi Ad
from 1950s depicting such]
12) Bacardi has long marketed its products by the
distribution of
recipes, articles and advertisements including many which
referred to a
popular drink referred to as the "Cuba Libre" which consists
of,
principally, BACARDI® rum and cola. Such efforts
commenced at
least prior to 1982.
13) Numerous other manufacturers and retail establishments
have also
made reference to a related drink consisting of rum and cola
which is
known as "Rum and Cola".
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