Bahama Bob's Rumstyles

Saturday, November 21, 2015

The Battles Over Cocktail Names Continues

     It seems that the spectrum of where you must not use names that are"confusing" to the public anywhere.  Even blogs are receiving some of the "cease and desist" notices for tagging cocktails with names similar to the trademarked ones.

     “A Dark 'N Stormy®, like a Painkiller®, or a Sazerac™, is one of a handful of trademarked cocktails.   On September 15, 2015, Gosling sued Pernod Ricard USA, LLC alleging that Pernod's use of "Dark N' Stormy" and "Black Stormy" in recipes and advertising containing Pernod's Malibu line of rums infringed several of Gosling's DARK 'N STORMY registered trademarks. The case-Gosling Brothers Ltd. et. al. v. Pernod Ricard USA, LLC.-was filed in federal district court in Massachusetts.   The alleged trademark infringement stemmed from Pernod including cocktail recipes on its website for a "Dark N' Stormy" containing Malibu Island Spiced Rum, and a "Black Stormy" containing Malibu Black Rum. Further, Pernod released a YouTube video demonstrating how to make a "Dark N' Stormy" using Malibu Island Spiced Rum. (A lot of the links seem to be now removed.)”

     In the past there have been cases where owners of trademarked cocktails have sent out cease and desist orders and the problem usually went away, but Gosling Brothers Ltd. is taking this one much more seriously.   it's not just brand names that can cause so many intellectual property disputes in the crowded spirits field.    It is also every part of  websites and advertising .     It even applies to those quirky cocktail names you apply to your creations might come under these intellectual property controls.   ;)

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