Blog Layout
The Complicated World of Trademarked Cocktails
Jun 09, 2022

And what are the implications for the booming ready-to-drink market?

There are a good number of ubiquitous cocktails out there that you can expect every bartender to know how to make and every bar to have on its menu. And the creativity inherent in mixology means there are also nearly infinite incarnations of these cocktail recipes featuring variations of certain ingredients. But, among these are a handful that you can only make ONE way — legally, that is.


The Dark N' Stormy®, for example, has been a registered trademark in the US since 1991. The trademark belongs to Bermuda-based rum distributor, Gosling Brothers Limited. The brand is committed to preserving what they consider to be the integrity of the original Bermudian Dark N' Stormy — featuring Gosling's Black Seal rum and ginger beer, of course — and pull no punches when it comes to calling out bars and other businesses who attempt to sell the drink or feature it on menus in any other format.


“In order for a trademark to be effective, it must be maintained,” says  Malcolm Gosling, Jr., CEO of Gosling's Rum in an interview with Wine Enthusiast. “If the cocktail is misrepresented on a menu, we have found it is often an awareness issue. We will work with an account to fix the incorrect listing.” Gosling reports that resorting to legal action is proportionately rare, but it is within the trademark holder's rights to issue a cease and desist for such an infraction.


There are three other cocktail recipes in the US that are under registered trademark — the Sazerac® (which happens to be the very first American cocktail, created over 100 years ago in New Orleans), the Painkiller® (owned by rum distiller, Pusser's), and the Hand Grenade® (which, in all honesty, may be more about the fun, kitschy glassware it is served in by Tropical Isle Stores in New Orleans than the integrity of the recipe therein).


Gosling's has pulled out all the stops when it comes to branding and marketing their signature cocktail — they've secured June 9 as International Dark N' Stormy®  Day, featuring loads of internet content and publicity, and even an online "pop-up shop" with licensed merch.


If bars and restaurants and other establishments can find themselves on the business end of cease and desist litigation when it comes to trademarked cocktail recipes, might ready-to-drink (RTD) brands be next? Gosling's launched its own ready-to-drink (RTD) version of the Dark N' Stormy® a few years ago, effectively cornering the market on this spicy, tempestuous libation. And the other aforementioned historic cocktails that have been trademarked seem to have done so by leaning into a distiller/distributor history. This kind of argument loses its legs when the cocktail's origin is more ambiguous. In the case of something like the Hand Grenade®, the trademark lies more in the fact that the recipe is original (and the unique and recognizable glassware). So RTD brands need not begin shaking in their boots just yet.

But wait! There's more!

Gosling's announced on June 9, 2022 that the company will be expanding its dominion over all things Dark N' Stormy® to the metaverse, no less. According to Forbes, Gosling's has a new patent pending at the United States Patent and Trademark Office, which they expect will extend their trademark protection over goods and services available in the digital world. What will this look like exactly? Even Gosling's isn't entirely sure but almost certainly new forms of digital intellectual property like non-fungible tokens (NFTs) and virtual beverages are all on the table.


A brave new world, indeed. Happy Dark N' Stormy® Day!

Beer tasting being poured at CBC 2023 in Nashville

10 Events We Can’t Wait to See at CBC

By Bree Neely • 18 Apr, 2024
The Craft Brewers Conference is just a few days away, and we’re very excited to be attending, sponsoring, meeting up with old friends and getting to know new ones. If you’re headed that way, be sure to visit us at Booth 976. We’ll be serving beer – and slinging swag – throughout the entire event, and would love to either reconnect or meet for the first time.
Brewery manager checking in on customers in taproom

The Power of Integrated CRM in the Beverage Industry

By Sheri Pape-Blythe • 16 Apr, 2024
If you’ve heard it once in the beverage industry, you’ve heard it a thousand times: You must know your customer. Great product alone isn’t enough! Customer data is arguably among the most critical pieces of information you can collect and analyze in any business, particularly in the increasingly competitive beverage industry. To succeed, you must clearly understand your customers’ needs and behavior as well as solicit their feedback. Having accurate, real-time customer data can ignite your sales processes – if you know how to use it.
Two men working in brewstillery, and one is using a beverage ERP

How complicated is brewstillery TTB reporting?

By Sheri Pape-Blythe • 03 Apr, 2024
The beverage alcohol industry has seen a dynamic shift over the last decade. Beer, once the leading bev-alc drink of choice, officially gave up its position to spirits in 2022. As the demand for beer went down, craft breweries began investigating ways to draw in new customers and create additional revenue streams. At the same time, distilleries recognized the many similarities between beer and spirits – such as equipment, ingredients and production – and created hybrid operations. Thus, the “brewstillery” was born: a brewery/distillery combo that’s elevating craft to a new level.
Winemaker entering tank measurements on a tablet

Fuel Innovation and Growth by Harnessing the Power of Winery Data

By Sheri Pape-Blythe • 22 Mar, 2024
A shift has been happening in the picturesque valleys where vineyards stretch as far as the eye can see. It’s not heralded by the clamor of machinery or the bustle of harvest; it’s signaled by the click of a mouse and a brisk tapping noise on a keyboard. While the 2024 Silicon Valley Bank annual wine report paints a sobering picture of waning consumer demand and climbing production costs, there is hope for wineries willing to embrace change and leverage the power of data.
Man choosing RTD beverage at store

When is the Right Time to Launch an RTD?

By Sheri Pape-Blythe • 18 Mar, 2024
RTDs are the rockstars of the bev-alc scene. Craft beer is working on reclaiming its moment and cocktail culture is undoubtedly en vogue, but RTDs continue to steal the spotlight. Why? Convenience, flexibility and an undeniable appeal to a diverse consumer base, to name just a few reasons. According to Grand View Research, the global RTD market is expected to grow at a compounded annual growth rate of 14% until 2030, making it the fastest-growing category in the industry.
Group of winery employees meeting about ERP implementation plan

What are the Key Roles to Fill for ERP Implementation Success?

By Sheri Pape-Blythe • 12 Mar, 2024
If you own or manage a beverage manufacturing company, you know how challenging it can be to run a successful business in a competitive and highly regulated industry. You need to oversee and control your inventory, production, sales, distribution, accounting, and compliance while delivering high-quality products to your customers.
Flight of beers at Burleigh Brewing Co. in Australia

Burleigh Brewing Finds its Niche with Crafted ERP

By Sheri Pape-Blythe • 29 Feb, 2024
In 2007, Peta and Brennan Fielding founded Burleigh Brewing Co. on the Gold Coast of Australia, which offered the perfect vibe for their laid-back, slow-brewed beers. The Queensland-based brewery embarked on a mission to redefine the Australian brewing scene with mainstream German-style lagers. With their flagship no-carb lager, Burleigh Bighead, they captured health-conscious beer enthusiasts' hearts (and taste buds) nationwide.
Two distillery workers in production

Uncovering and Understanding Your Distillery's Change Capacity

By Sheri Pape-Blythe • 16 Feb, 2024
As the craft spirits industry adapts to meet evolving consumer preferences and regulatory requirements, many establishments are turning to enterprise resource planning (ERP) systems for operational efficiency and improved business processes. Comprehensive distillery ERP software solutions offer a reliable route to streamlined operations and data-driven decision-making, but can sometimes be met with resistance by team members who are used to a traditional set of processes and programs.
Man working on data cleansing at beverage company

How to Prep Your Data for Beverage ERP Migration

By Sheri Pape-Blythe • 12 Feb, 2024
Today, organizations are increasingly realizing the significance of effective data management in their operations. With accurate, real-time data at their disposal, businesses can make informed decisions, leverage opportunities promptly and improve overall efficiency. Specifically, when it comes to enterprise resource planning (ERP) implementations, data quality and management play a pivotal role.
Young winemaker leading tasting

6 Winery Marketing Tactics to Win Over Generation Z

By Sheri Pape-Blythe • 05 Feb, 2024
Not too long ago, the wine industry represented the epitome of sophistication and class in the bev-alc market. Now, it's facing many of the same challenges as craft beer. In 2023, wine sales experienced a 4.5% decline in volume, and less than a third of American households were regular wine consumers, according to Wine2Wine Media Forum. The shining light? There was a rise in wine consumption among adults over the age of 60, but relying solely on this demographic is akin to aging fine wine without the perfect pairing – it's not sustainable.
More Posts
Share by: