U.S. Federal Court Rules to Protect Malibu(R) Trade Dress

NEW YORK, Feb. 24 /PRNewswire/ -- A U.S. Federal Court has ordered a halt to the sale and production of a line of fruit-flavored rums whose bottles were alleged to be "confusingly similar" to the renowned, distinctive packaging of the world's top-selling flavored rum -- Malibu®.

The order -- issued by the U.S. District Court for the Southern District of New York -- upheld a lawsuit filed in March 2009 by the owner and importer of Malibu®, Pernod Ricard USA.  The suit successfully claimed that White Rock Distilleries Inc. had engaged in "trade dress infringement and…deceptive acts and practices" by marketing its line of Barbarossa, Baroca and Jack flavored rums in opaque white bottles that have become synonymous with Malibu® rum.  

As part of a settlement of the litigation, White Rock specifically acknowledged "the validity and strength of the Malibu Trade Dress, including but not limited to the white color of the bottle."  Accordingly, White Rock consented to entry by the Court of a permanent injunction banning White Rock from manufacturing, marketing or selling its flavored rums -- or any other distilled spirit -- in "a white bottle" or "in any bottle using a palm tree and sun design that is substantially similar to the MALIBU palm tree and sun logo."  The Court also ordered White Rock to pay legal fees incurred by Pernod Ricard USA in connection with the dispute.

Thomas Lalla, Senior Vice President and General Counsel at Pernod Ricard USA, said the company needed to ensure that consumers were "not lured into purchasing White Rock's fruit-flavored rums under the mistaken belief that they come from or are associated with the Malibu® brand.  The white bottle is the signature design element of the Malibu® trade dress, and we will be very aggressive in protecting it," Lalla said.

Pernod Ricard USA was represented in the lawsuit by Debevoise & Plimpton LLP.

About Pernod Ricard

Pernod Ricard USA is the premium spirits and wine company in the U.S., and the largest subsidiary of Paris, France-based Pernod Ricard SA. In July 2008, Pernod Ricard completed the acquisition of the iconic ABSOLUT® Vodka brand from the V&S Group.  

In addition to ABSOLUT®, Pernod Ricard USA's leading brands include such prestigious spirits as The Glenlivet® Single Malt Scotch Whisky, Chivas Regal® Scotch Whisky, Jameson® Irish Whiskey, Seagram's Extra Dry Gin®, Beefeater® Gin, Plymouth™ Gin, Martell® Cognac, Malibu® flavored Rum, Kahlua® Liqueur, Hiram Walker® Liqueurs, Pernod® and Ricard®; such superior wines as Jacob's Creek® and Brancott Estate®; and such exquisite champagnes and sparkling wines as Perrier Jouet® Champagne, G.H. Mumm™ Champagne and Mumm Napa® sparkling wines.  

The company is based in Purchase, New York, and has roughly 1,000 employees across the country.  

Pernod Ricard USA urges all adults to consume its products responsibly and has an active campaign to promote responsible drinking. For more information on this, please visit: www.acceptresponsibility.org.

About The Absolut Company

The Absolut Company has the worldwide responsibility for the production and marketing of ABSOLUT VODKA, MALIBU and KAHLUA. ABSOLUT VODKA is the world's fourth largest premium spirits brand. Every bottle of ABSOLUT VODKA is produced in Ahus in southern Sweden. MALIBU is the number one coconut-flavoured rum in the world, sold in more than 150 countries. KAHLUA coffee liqueur is the world leader in its category. The head office is located in Stockholm, Sweden. As of July 2008, The Absolut Company is a company within the Pernod Ricard group, which holds one of the most prestigious brand portfolios in the sector.

About Debevoise & Plimpton LLP

Debevoise & Plimpton LLP is a leading international law firm with offices in New York, Washington D.C., London, Paris, Frankfurt, Moscow, Hong Kong and Shanghai.

SOURCE Pernod Ricard USA