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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