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PERNOD RICARD USA LLC v. BACARDI U.S.A., INC.

Civ. No. 06-505-SLR.

505 F.Supp.2d 245 (2007)

PERNOD RICARD USA LLC, Plaintiff, v. BACARDI U.S.A., INC., Defendant.

United States District Court, D. Delaware.

August 21, 2007.

Attorney(s) appearing for the Case

Roger Dallery Smith, II, Esquire of Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE, for Plaintiff.

Anne Shea Gaza, Esquire of Richards, Layton, & Finger, Wilmington, DE, for Defendant.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Plaintiff Pernod Ricard USA, LLC ("plaintiff") filed this action against Bacardi U.S.A., Inc. ("defendant") for violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), for allegedly false and misleading statements in the marketing and advertising of defendant's "Havana Club" brand rum. (D.I. 1 at ¶ 1) The court has subject matter jurisdiction over...

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