National Foreign Trade Council Lauds Senate Introduction of the U.S.-Cuba

[Osolomia]

More evidence that Bacardi and the Miami mafia are losing their power and influence in Washington but still managed tpo keep their name out of this article. Section 211 allowed Bacardi to use the “Havana Club” label in violation of international law which is why Cuba said we can play that game too with trademarks if that’s the way you want it. Nice to see that at least some people in Washington no longer pander to the Miami mafia the way all the leading Democratic* presidential contenders are doing to this day.

National Foreign Trade Council Lauds Senate Introduction of the U.S.-Cuba Trademark Protection Act

WASHINGTON, Dec. 18 /U.S. Newswire/ - The National Foreign Trade Council (NFTC) applauds the introduction of the bi-partisan U.S.-Cuba Trademark Protection Act (S. 2002) in the United States Senate. This bi-partisan bill will help U.S. companies protect trademarks registered in Cuba and prevent Cuba from becoming a haven for counterfeiting and trademark encroachment.

"We commend Senators Baucus and Craig for introducing this comprehensive legislation aimed at protecting the more than 5,000 American trademarks registered in Cuba. Currently, these trademarks are vulnerable to counterfeiting and infringement, thanks to a five-year-old special-interest law known as Section 211," said Bill Reinsch, president of NFTC.

… “This legislation, if enacted, will repeal Section 211, thereby removing any pretext for the Cuban government to deny the registration and renewal of U.S. trademarks. This is absolutely critical to protecting valuable U.S. trademarks and domain names in Cuba," continued Reinsch.

Among a variety of provisions, both the Senate and House bills would repeal Section 211, the special interest law that violates U.S. commitments under both the WTO's TRIPS agreement as well as the Inter-American Convention for Trademark and Commercial Protection. The bills also provide a mechanism for U.S. companies to monitor the accuracy, reliability and stability of the Cuban government's trademark registration and renewal process.

"This bill is the common-sense approach to settling the Section 211 issue. It will allow for the resolution of outstanding international trade issues, and bring the United States into compliance with the WTO. S. 2002 will also re- establish the United States as a credible leader in the global protection of intellectual property rights," remarked bill sponsor Sen. Max Baucus (D-Mt.).

More…
story.news.yahoo.com

[Osolomia]

1. For political pundits who ought to know

The Chicago Tribune
Rum, macaroni and bad politics

September 2, 2002

Patent and trademark disputes can be dry affairs, but the one between Cuba and the U.S over Havana Club rum is sexier than most. Aside from the odd mix of rum `n' politics, it has serious potential repercussions to American trademarks and intellectual property rights around the world.

... Not a peep was heard about Havana Club until 1993, when the Castro government teamed with French liquor distributor Pernod Ricard to aggressively trademark and sell lots of rum around the world--and pose a competitive challenge to Bacardi, the other major rum producer.

The Bacardis had kept their trademarks current and become one of the largest liquor distillers in the world. The firm proved politically savvy too, by contributing to the campaigns of U.S. senators from Florida, Republican Connie Mack and Democrat Bob Graham, among others.

In 1996 Bacardi challenged the Havana Club trademark by selling a few hundred cases of a rum by the same name. Predictably, Pernod Ricard sued over trademark infringement.

But two years later, Bacardi short-circuited the lawsuit in Congress: In the final moments of the 1998 session, the two Florida senators--without a word of debate or warning--attached Section 211 to an appropriations bill. Sometimes known as the Bacardi amendment, Section 211 neatly bars U.S. courts from entertaining challenges to trademarks formerly owned by companies whose assets were confiscated by Castro, even when they had been allowed to lapse. Pernod Ricard's case became moot, and so did its plans to pitch Havana Club rum against Bacardi in the U.S. market in the post-embargo era.

... If President Bush were to sign the repeal, he'd be running not only into Bacardi--a generous and stalwart campaign contributor--but also the feverishly anti-Castro Cuban-American voters in Florida, who are so important to brother Jeb Bush's re-election as governor. That voting bloc won't tolerate even a semblance of trade normalization with Cuba.

More...
http://www.usaengage.org/news/2002/20020902_rummacoroni.html

All the 2004 Democratic* p/residential contenders except Kucinich are also pandering to "the feverishly anti-Castro Cuban-American voters in Florida" and their DUh supporters evidently don't give a darn about this major travesty of democracy.

[Judi Lynn]

2. Jeb Bush lobbied for Bacardi, as did Cuban "exile," Otto Reich

(snip) Jeb Bush's Devious Deeds: Jeb Bush and his staff worked behind the scenes for months to lobby federal agencies on behalf of Bacardi in a trademark dispute while the rum giant funneled thousands of dollars to the state Republican Party and the governor's re-election campaign. Dozens of e-mails from the governor's office mark a trail of Bacardi's efforts to obtain Bush's help in winning favorable treatment from a federal agency, culminating in a letter from Jeb Bush to a political appointee of his brother, President Bush. (Miami Daily Business Review, 10/17/02)
(snip/)
http://www.whoseflorida.com/jeb_record.htm

Otto Reich lobbied for Bacardi:

(snip) RMA's chief client remains the Bahamas-based Bacardi Martini, Inc., which is closely owned by an exile Cuban family whose distillery was expropriated by the Castro revolution and which has been single-mindedly involved in maintaining the 40-year old U.S. embargo against the island. According to the New York Times, Bacardi has paid RMA over $600,000 for lobbying efforts to maintain the U.S. embargo's stranglehold over the Cuban economy. While working on Bacardi’s behalf, Reich and RMA convinced Senator Mack to slip Section 211 into the 1998 Omnibus Appropriations Bill. This amendment stripped Cuba of trademark protection and allowed Bacardi to begin manufacturing Havana Club rum, which had been in production in Castro’s Cuba for years.

While Reich was able to reap a lucrative profit from his lobbying as a result of his success with Section 211, the amendment engendered fierce opposition from a number of European and Latin American nations, and led the EU to institute a proceeding against the U.S. at the WTO that could have resulted in fines to be ultimately paid by U.S. taxpayers.

Reich's recent activities outside of his RMA lobbying contract include serving as president of the U.S.-Cuba Business Council, a non-profit organization established with support from Bacardi in 1993. Since its founding, the council has received over $520,000 in USAID grants for its work in supporting the Cuban embargo, and has served as Reich's vehicle for communicating his extremist anti-Cuba stance on topics ranging from the Elián González affair to baseball. Reich also serves on the board of directors for the Center for a Free Cuba, which has received over $3 million in U.S. government funding to undermine Castro's government and to prepare for a post-Castro Cuba. (snip/...)
~~~~ link ~~~~

Thanks for the article. Hope this actually means a step forward, somehow. Senator Max Baucus did just get back not too long ago from his own trip to Cuba, bringing more Cuba trade to Montana. He's been there quite a few times, already. Hope this step actually means they are trying to get some of the bugs worked out of negotiations.

[Osolomia]

3. Baucus led the Senate's fight for your freedom to travel

snip/...

In a statement last week, Senator Max Baucus (D-MT) said "Suspending enforcement of the Cuba travel ban passed the Senate by a wide bipartisan margin and passed the House by a wide bipartisan margin. There is absolutely no reason the provision should be removed from the Treasury-Transportation Appropriations bill. To do so would be a direct act against the will of a majority of Congress and majority of Americans."

Pressure from a White House—eying Florida’s electoral votes—was cited by congressional leaders as the reason for the change. “It’s clear that the White House isn’t listening to the will of the majority of Americans, who support ending these senseless restrictions,” said Philip Schmidt from the Latin America Working Group. “The administration believes that gaining a few votes in Florida is worth angering a broad section of the rest of the nation. This thinking could backfire on them.”

http://www.lawg.org/pages/new%20pages/countries/Cuba/conference-comm.htm

And could backfire on the Dem prez contenders too.

[Judi Lynn]

4. Anyone who would like to see a veto-proof vote on the travel ban

early next year, contact your Representative, and your Senators, and tell them about it. They are whistling in the dark without true feedback from their constituents.

They are going to take another run at it during the beginning of 2004.

Osolomia, if they do, there might be some really determined ducking and weaving going on, on the part of some of these candidates, except for Lieberman, of course.

Everyone knows his feet are firmly planted in Miami, along with George and Jeb Bush.

[Osolomia]

5. Will they do an about face when Bush implements his Doctrine by May 1st?

Except for Kucinich, indications are they will be silently complicit with it and DUhers will ignore it and blame the mess on Bush after the fact.

[Mika]

6. Sadly, today I learned that Dean will maintain the Bush Doctrine re: Cuba

Miamicuban radio is all abuzz with the news that Robert Menendez endorses Dr Dean because he will git tough on Castro, by maintaining the embargo on Cuba and sanctions on Americans. IOW, the Bush Doctrine.