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Bacardi Wins Latest Legal Round in Effort to Control Havana Club Rum Luxner 2/25/03 10:05 AM Page 1 Vol. 11, No. 3 March 2003 www.cubanews.com In the News Cuban-Americans debate usefulness of Hounded in Havana Apr. 11-13 emigration meeting in Havana State Department accuses Castro regime BY DOMINGO AMUCHASTEGUI tives and others in an effort to help shape the final agenda for the April conference. of harassing U.S. diplomats ..........Page 3 long-awaited conference between the Castro government and Cuban exiles will “It was a pleasant surprise for me to see how A finally take place Apr. 11-13 in Havana. many Cubans living in Miami support the idea CEOs gather in Cancún Several hundred overseas Cubans are expect- of having a dialogue,” the island’s top diplomat Over 160 U.S. executives attend confer- ed to fill Havana’s Pabexpo convention center, in the United States told CubaNews. “Over- whelmingly, they want to focus the conference ence on selling to Cuba ................Page 4 some coming from as far away as Venezuela, Mexico, Spain and Russia to attend the “Third on the obstacles that make communication Nation and Emigration Conference” — despite more difficult. And most of them say Obstacle Closed-end confidence the vehement opposition of key U.S.-based exile No. 1 is the embargo.” Herzfeld Caribbean Basin Fund banks on groups from Unidad Cubana to the Cuban Yet efforts to persuade officials in Havana to accept an agenda focused on internal political an end to the embargo ..................Page 7 American National Foundation (CANF). “The aim of this conference is to strengthen issues haven’t gained much ground. Instead, the relations between Cuba and those overseas Cuban government seems determined to limit Newsmakers Cubans who love Cuba and defend its liberty, discussion to immigration policies. Washington lobbyist Albert Fox says anti- independence and sovereignty,” said Dagoberto Those ready to support and take part in the Rodríguez, chief of the Cuban Interests Section conference fear that, just as with similar confer- embargo groups must join forces in order in Washington. ences held in 1994 and 1995, Cuban authorities to change U.S. policy ....................Page 8 Rodrigúez visited Miami for the first time last will engage in a one-way dialogue, expounding month in an official capacity, meeting with over their official views. Where do they stand? 200 academics, political figures, business execu- See Conference, page 2 A look at 16 organizations involved in the Cuba policy debate ........................Page 9 Bacardi wins latest legal round in effort Bitter harvest likely to control Havana Club rum trademark Early indications point to a discouraging 2003 sugar harvest ......................Page 11 BY LARRY LUXNER “The ruling is very disappointing to us, in that he U.S. Patent and Trademark Office has we just find it hard to understand how the TTAB FAR in the future delivered a legal blow to Havana Club ignored very significant evidence of what we be- lieved was improper and inappropriate contact Expert analyzes role of Cuba’s armed for- T Holdings (HCH) through a recent deci- sion that indirectly backs efforts by the Bacardi between Bacardi and Gov. Bush on Bacardi’s ces in post-Castro scenario .........Page 12 rum empire to strip the Cuban government of its behalf,” said Orr, Pernod Ricard’s vice-president U.S. rights to the Havana Club trademark. of North American affairs. Business briefs On Jan. 21, the PTO rejected a motion to dis- “A variety of remedies would have been avail- miss Bacardi’s long-running complaint against able under the Sunshine Act, one of which is dis- Cuba reports first trade decline since ‘94; HCH — a 50-50 venture between state entity missal of the pending litigation — in this case New encyclopedia available .......Page 13 Cubaexport and Pernod Ricard of France — Bacardi’s effort to cancel the U.S. registration of based on an undisclosed e-mail to PTO Chief the Havana Club mark,” Orr told CubaNews. Provinces: Cienfuegos James Rogan from Florida Gov. Jeb Bush. “But that’s only one remedy, and frankly the In his e-mail, Bush urged the PTO to “take most severe one. The TTAB could have ordered Despite grandiose industrialization plans, quick, decisive action” to cancel the Havana a full disclosure of all the contacts that have sugar still rules here ...................Page 14 Club trademark on Bacardi’s behalf — an action taken place,” he said. HCH said violated the federal Government in “There is a long series of contacts between CubaNews (ISSN 1073-7715) is published monthly the Sunshine Act. Bacardi, Gov. Bush and the PTO dating back as by Luxner News Inc. © 2003. All rights reserved. But the PTO’s Trademark Trial and Appeal far as Jan. 1, 2002, which we believed at a mini- Subscriptions: $429/year. For subscription or edito- Board ruled that the Sunshine Act doesn’t apply mum should have been disclosed and investiga- rial inquiries, call toll-free (800) 365-1997, send a fax ted, to at least determine whether they would to (301) 365-1829 or e-mail us at [email protected]. to PTO decision-makers — a move Pernod Ri- card official Mark Orr says is seriously flawed. See Havana Club, page 6 Luxner 2/25/03 10:05 AM Page 2 2 CubaNews ❖ March 2003 share feelings for Cuba,” he said, “except peo- hundreds of Cubans in different places, and Conference — FROM PAGE 1 ple from what we call the terrorist right, who what we heard from them is that they want to But that may not happen, because this time of course we aren’t going to invite.” discuss real issues.” around — three years after the Elián That would exclude the CANF, which Cuba Aside from overtly political subjects, many González saga — U.S. public opinion has considers a terrorist organization. Rodríguez of those planning to attend say they’d like to shifted towards ending the 42-year-old embar- declined to specify who would be invited, say- see a broader agenda that discusses double go, and attitudes among Cuban-Americans ing such information is “sensitive.” citizenship, voting rights and overseas repre- Carlos Saladrigas, a Miami banking execu- sentation in the National Assembly. themselves have also softened. tive and president of the Cuba Study Group, At a 2001 conference in Havana to mark the Felipe Pérez Roque, Cuba’s foreign affairs told CubaNews: “I haven’t been invited and minister, hinted that the subject of Cuban 40th anniversary of the Bay of Pigs invasion, I’m not planning to attend.” members of the 2506th Brigade were invited exiles retiring to Cuba might also be up for Even if he is asked to participate, Saladri- debate. The Cuban government will certainly and allowed to explain, in live broadcasts, gas said he probably wouldn’t go. raise a few political issues of their own, such what they were thinking and planning back in “I don’t think there’s any purpose to be as its opposition to the Cuban Adjustment Act 1961 — a surprising show of tolerance by served. History and the continued detention of five Cuban Cuban standards. tells us the Cuban intelligents arrested last year for spying Following Rodríguez’s visit to Miami, top government has against the United States. Cuban officials at the Guadalajara Book Fair never been willing in Mexico offered an upbeat assessment on to put any real ATTITUDES ARE CHANGING IN MIAMI what to expect from the April conference. substantive issues Such signs indicate that the upcoming Two months ago, CANF’s president, Jorge on the table, so Mas Santos, set Miami abuzz with his decla- event will probably be marked by a degree of I’m skeptical they ration that he’d be willing to hold talks with openness not seen in 1994 and 1995. And would this time.” Pérez Roque, National Assembly President even though no official agenda has yet been Saladrigas said Ricardo Alarcón or Vice President Carlos disclosed by the Cuban government, the fact he’s also con- Lage — but not with the Castro brothers. there’s an agenda at all is a step forward com- cerned with the A recent poll by The Miami Herald shows pared to the previous two conferences. fact that Cuba’s in- that 56% of Cuban-Americans in South Florida “No matter where you come from, left, ternal opposition support such a dialogue. That compares with right or center, it [easing travel restrictions] Dagoberto Rodríguez led by Oswaldo a 1994 survey by WLTV-Univisión 23 that put is No. 1 on the agenda,” said Elena Freyre, Payá [founder of the proportion of Cuban-Americans support- executive director of the Cuban American the Varela Project], Vladimiro Roca and oth- ing dialogue, then a dirty word, at only 18%. Defense League, in a recent interview with ers won’t be invited to take part. A separate poll commissioned by Saladri- the South Florida Sun-Sentinel. “What we “The Cuban government needs to present gas’ Cuba Study Group indicates that 70% of found when we met is that there is an substantive issues [at the conference], such respondents now think dissidents in Cuba absolute desire [on the part of Cuban gov- as human rights, freeing political prisoners, play a more important role than exile leaders ernment officials] to make things more nor- allowing the Varela Project to go through and in bringing about democratic transition. mal as far as outflow and inflow.” letting the Cuban people express their desire “Cuban-Americans have reached the point for change through the ballot box,” he said. WHO’LL BE INVITED TO THE PARTY? of exhaustion at railing against the dictator, Yet for Cuban officials, that’s entirely out of and now maybe they’re willing to do some- One topic that hasn’t been fully clarified is the question.
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