HAVANA CLUB HOLDING, S.A. v. GALLEON

No. 96 CIV. 9655(SAS).

974 F.Supp. 302 (1997)

HAVANA CLUB HOLDING, S.A. and Havana Club International, S.A., Plaintiffs, v. GALLEON S.A., Bacardi-Martini USA, Inc., Gallo Wine Distributors, Inc., G.W.D. Holdings, Inc. and Premier Wine and Spirits, Defendants.

United States District Court, S.D. New York.

August 12, 1997.


Attorney(s) appearing for the Case

Michael Krinsky, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York City, Charles Sims, Proskauer, Rose, LLP, New York City, for Plaintiffs.

William R. Golden, Jr., Margaret E. Ferguson, Kelley, Drye & Warren, LLP, New York City, for Defendants.


OPINION AND ORDER

SCHEINDLIN, District Judge:

Defendants move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on their counterclaim for cancellation of the "Havana Club" trademark and design registration in the United States Patent and Trademark Office ("PTO"). Defendants first contend that Plaintiffs' attempt to secure their rights to the mark without approval of the Office of Foreign Assets Control ("OFAC") stripped...

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