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Food and Drink

The Dark ‘n’ Stormy: A Classic Cocktail with a Surprising Legal History

by Peter
written by Peter

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:

  1. Fill a highball glass with ice.
  2. Add the rum and ginger beer.
  3. Stir gently.
  4. 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.

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Relationships

The Heart Balm Racket: How Women Were Blamed for Broken Engagements and How Society Changed

by Zuzana
written by Zuzana

The Heart Balm Racket: How Women Were Blamed for Broken Engagements

The Breach of Promise Law

In the early 1900s, a law called the “breach of promise” law allowed people to sue their ex-fiancés if they broke off an engagement. This law was based on the idea that an engagement was a binding contract, and that breaking it without the other person’s consent was a legal wrong.

The Heart Balm Racket

As sensational stories of women suing men for breach of promise made headlines, the public became increasingly convinced that unscrupulous women were using the law to blackmail wealthy men. These women were labeled “gold-diggers,” “schemers,” and “adventuresses.” The media played a major role in fueling this paranoia, portraying women as manipulative and men as gullible victims.

The Changing Role of Women

At the time, marriage was seen as a way for women to gain financial security and social status. However, as women’s roles began to change and they gained more opportunities for education and employment, the idea that a broken engagement could ruin a woman’s life became less believable.

The Abolition of the Heart Balm Law

In the 1930s, a growing number of people began to question the fairness of the breach of promise law. Critics argued that it was outdated and that it discriminated against women by assuming that they were incapable of taking care of themselves. In 1935, a young state legislator named Roberta West Nicholson introduced a bill to abolish the law in Indiana. Other states quickly followed suit, and by 1945, 16 states had abolished the breach of promise law.

The Legacy of the Heart Balm Racket

The outcry against the heart balm racket was not just about protecting men from blackmail. It was also about changing attitudes towards women and marriage. The law’s abolition reflected a growing recognition that women were capable of making their own choices and did not need the law to protect them.

The Impact of the Media

The media played a significant role in both fueling and ending the heart balm racket. Sensationalized stories of women suing men for breach of promise created a climate of fear and distrust. However, as public opinion began to shift, the media also played a role in raising awareness of the law’s unfairness and advocating for its abolition.

The Changing Nature of Marriage

The heart balm racket also shed light on the changing nature of marriage. In the early 1900s, marriage was seen as a way for women to gain financial security and social status. However, as women’s roles began to change, marriage became less about economic necessity and more about companionship and love. This shift in attitudes contributed to the decline of the breach of promise law, as it became less acceptable to sue someone for breaking off an engagement that was not based on financial considerations.

Roberta West Nicholson: A Champion for Women’s Rights

Roberta West Nicholson was a pioneer in the fight to abolish the heart balm racket. She introduced the first bill to abolish the law in Indiana in 1935, and her efforts helped to pave the way for the law’s eventual abolition in most states. Nicholson’s legacy as a champion for women’s rights continues to inspire activists today.

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