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

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that if plaintiff can prove literal falsity, plaintiff need not prove actual deception or a tendency to deceive
• holding that “[n]o reasonable consumer could be misled” into believing that Havana Club rum was made in Cuba where the “label clearly states on the front that the liquor is ‘Puerto Rican Rum’ and, on the back, that it is ‘distilled and crafted in Puerto Rico’”
• affirming judgment where product clearly stated that the liquor was “distilled and crafted in Puerto Rico”
• affirming dismissal of Lanham Act false advertising claim and holding that product package “could not mislead any reasonable consumer”
• analyzing false designation of geographic origin claim with the false or misleading test under § 1125(a)(1)(B)
• noting, in dicta, that an “arbitrator may not ignore the plain language of the contract”

Source: CourtListener parenthetical corpus (CC0).