Havana Club Holding, S.A. v. Galleon S.A.

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 Plaintiffs of any rights to the mark and thus caused the mark to be abandoned. In opposition, Plaintiffs contend that their acquisition of rights…