The Dark ‘n’ Stormy: A Cocktail with a Surprising Legal History
The Origins of a Classic
The Dark ‘n’ Stormy is a classic cocktail that has been enjoyed for over a century. It is made with dark rum, ginger beer, and lime, and is typically served in a highball glass. The cocktail is said to have originated in Bermuda in the early 1900s, when British sailors on shore leave mixed Gosling’s Black Seal rum with homemade ginger beer. The name “Dark ‘n’ Stormy” is said to have come from a British soldier who observed that the concoction resembled “the color of a cloud that only a fool or a dead man would sail under.”
Gosling’s Trademark
Gosling Brothers Limited, the Bermudan rum distributor, has held trademarks for the Dark ‘n’ Stormy since the early 1900s. These trademarks specify that the cocktail must be made with Gosling’s Black Seal rum and ginger beer. Gosling’s has aggressively defended these trademarks, taking legal action against companies that have tried to use different ingredients in the cocktail.
Legal Battles
In 2009, Gosling’s sued another rum distributor for trying to offer their rum as an alternative to Gosling’s Black Seal in the Dark ‘n’ Stormy. In 2012, a mixology blog received a cease and desist letter from Gosling’s after suggesting that readers could use a cheaper rum in the cocktail.
Gosling’s argues that these legal battles are about more than just money. The company believes that the Dark ‘n’ Stormy is a unique cocktail that should be made with specific ingredients. Gosling’s has also created its own brand of ginger beer, Gosling’s Stormy Ginger Beer, in order to further control the quality of the cocktail.
Other Trademarked Cocktails
The Dark ‘n’ Stormy is not the only trademarked cocktail. The Painkiller cocktail is trademarked by Pusser’s, a rum distiller in the British Virgin Islands, and Tropical Isle store in New Orleans has trademarked the Hand Grenade.
Impact on Mixology
Some bartenders find Gosling’s trademark practices to be distasteful and anathema to the creativity in mixology. However, Gosling’s argues that its trademarks are necessary to protect the integrity of the Dark ‘n’ Stormy.
Making a Dark ‘n’ Stormy
To make a Dark ‘n’ Stormy, you will need:
- 1.5 ounces Gosling’s Black Seal rum
- 4 ounces ginger beer
- Lime wedge (optional)
Instructions:
- Fill a highball glass with ice.
- Add the rum and ginger beer.
- Stir gently.
- Garnish with a lime wedge, if desired.
Variations
There are many variations on the Dark ‘n’ Stormy. Some bartenders like to add a splash of lime juice to the cocktail, while others prefer to use a different type of rum, such as Mount Gay Black Barrel or Appleton Estate Reserve. You can also experiment with different brands of ginger beer.
Enjoy Responsibly
The Dark ‘n’ Stormy is a delicious and refreshing cocktail, but it is important to enjoy it responsibly. Please drink in moderation and never drink and drive.
