The Dark 'n' Stormy is Back and Could Land You in Jail

Did you know you can trademark a cocktail?

And, in the case of a Dark 'n' Stormy, a delightfully refreshing detour from the gin and tonic rut in summer's swelter, that means using only Gosling's Black Seal rum.

But says who?

The Gosling family. They have two trademark certificates on file with the United States Patent and Trademark Office saying that their rum is the only rum that can be used a Dark 'n' Stormy for it to be called a Dark 'n' Stormy. (That, and Ginger Beer; ale is still up for grabs ... an non-alcoholic I hope, because I drank a lot of it as a kid.)

The New York Times piece on the Dark 'n' Stormy highlights the trend aspect — will a drink first made after World War I getting a second (third? fourth?) heyday? For Gosling's, that possibility is undermined by the imitations to their creation (by using rums other than Gosling's Black Seal in the drink). Such substitutions are, essentially, a threat to their family assets, and now they can back it up in court ... so the gist is: If you use something else, you need to call it something else.

It's a well-defended argument, I think, having had a (properly made) Dark 'n' Stormy. No, I take that back. I added lime, so I guess let's call mine a Stark 'n' Dormy. You see that, U.S. Patent and Trademark Office?

Photo courtesy of GoslingsRum.com.