Pernod Ricard USA LLC v. Bacardi U.S.A., Inc.

OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Plaintiff Pernod Ricard USA, LLC (“plaintiff’ or “Pernod”) filed this action against Bacardi USA, Inc. (“defendant” or “Bacardi”) on August 15, 2006, alleging that defendant has willfully made false and misleading representations concerning the geographic origin of its “Havana Club”branded rum in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). (D.I. 1) Plaintiff also brought a claim for false advertising under the Lanham Act based upon defendant’s statements that it owns the rights to the “Havana Club” trademark in the…