« Bar Artisanal Cocktail Contest: A Recap | Main | 'By the way, after these two drinks, you're really cute.' »

August 04, 2009


Feed You can follow this conversation by subscribing to the comment feed for this post.

This reminds me of the Bacardi cocktail affair.

Not only that, but Elixir G has an (R) next to their Moscow Mule recipe on their website.
Actually, there are way too many (R) on that website…
OH! Including the “DARK & STORMY (R)”…
Restricting people´s creativity this far is just a bad branding approach IMO!

Yeah, I noticed that. They specify Gosling's Black Seal for their Dark & Stormy (R), but I wonder how Gosling's would react to specifying Elixir G instead of ginger beer?

and yes, they claim a trademark on Moscow Mule as well. I'm not sure I know how to read TESS correctly, but it looks to me as if Smirnoff has abandoned their trademark on Smirnoff Moscow Mule, or at least the prepackaged version they used to sell.

Interestingly, it looks like the company which makes Elixir G tried to register the Moscow Mule trademark, but was turned down by the USPTO because "Moscow Mule" "merely describes the goods" and is the generic name for the drink, and thus is "incapable of identifying the applicant’s goods and distinguishing them from those of others."

Elixer G can take a long walk off of a short pier, because it's very clear that "Gingerita" is going to fall under the same "description of the goods" criteria as a Mule.

I don't know. Its not like the Pussers company doesn't allow any bars to make the drink "Painkiller", its that the bar in NY was using the "Painkiller" name in its Tiki Bar's name. CLEARLY riding the coattails of all the investment and expense that the Pusser's company put in over all the years and introducing it to the North American Market (Over $1 million - http://www.pussers.com/joby.htm).

Look I'm a longtime Sailor and I've been to the BVI's and also sailed and been to Annapolis MD in which they have another Pussers (which is one of the few in North America). I also live & sailed the NY, NJ waters and LI Sound for over 20 years and when I think PAINKILLER I think PUSSER's. Plain and Simple. They've put the time, money and effort to promote PUSSER's which for any self respecting sailor is synonymous with PAINKILLERS.

Not that any bar can't make one - But Pusser's made it famous (with the ok of original inventors of the ~tiny~ Soggy Dollar bar in the BVI's which is called the "Soggy Dollar" because you have to anchor out and swim to the bar to get a drink :)).

With that said I feel the exact same way with a “Dark n Stormy”. You can make it with a different dark Rum other than a Goslings (like for instance a Myers' and Ginger beer ~blech~) but when any self respecting Sailor thinks "Dark n Stormy" they think Goslings.

Just a little bit of perspective from a "Sailor" where I guess traditions are still cherished -- and I think most "good" bartenders and bars feel the same way. Tradition in making a classic cocktail is paramount. If not then you are just another one of those low class college bars like down Jersey Shore that serve any alchohol (usually the cheapest) and call it a "xxxx" (insert classic cocktail name here).

IMHO - Cap't Jack Sparrow....lol

Let's get real shall we? Trademarking of names/recipes is nothing new: Heinz Catsup, BP Invigorate, Big Mac Hamburger, Coke - it's endless. All use relatively common ingredients so that argument fails.

You're free to use the ingredients in a Dark 'N Stormy or Painkiller, and substitute any rum you'd like, but you can't use the name. It's the law, and these distilling families must protect their hard won and valuable property.

Despite protestations to the contrary, nobody is about to trademark "martini" or "manhattan" because these were, and remain, in the public domain.

Let's face it - if Pussers and Goslings hadn't spent millions promoting their unique drink/recipe, and finally - finally - becoming well known, then no one would be trying to ride on their coat tails and try to improve them.

Look, we're a country of laws. There are but a handful of trademarked drink recipes, so this is tempest in a shot glass. Live with it, respect the law, and have the nads to create, name and promote your own damn drink. Oh, and spend millions doing it - and be sure NOT to trademark it, so the scofflaws here can simply steal and profit from your work.

Go ahead.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been posted. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.


Post a comment

Your Information

(Name is required. Email address will not be displayed with the comment.)

Blog powered by Typepad

Become a Fan