Legal Dept: Dark 'N Stormy Redux

[Capn Jimbo]

One defintion of insanity is to repeat the same failed actions expecting a new outcome...


Some of you, particularly our good friend da'Rum may remember the huge brouhaha into which I found myself inserted with "Josh" the webmaster of a blog called "Inu A Kena", a Hawaiian themed spirits comparison blog. Josh had made the unknowing error of publishing a "Dark & Stormy Challenge" in which he compared a gaggle of rums, including Goslings Black Seal, to determine which made the best "Dark & Stormy". The problem...

Dark 'N Stormy has long been legally trademarked, like Coca Cola, as the exclusive property of Goslings, and may be made only with their Gosling's Black Seal Rum and Gosling's Stormy Ginger Beer.

Of course I and one other poster pointed this out, but were soundly rejected with great laughter by Josh. After some back and forth where Josh, like Wolfboy, expressed his form of bar stool lawyering, claimed that his posting was just fine. It was, until a few days later - and to the great surprise of all he got an ice cold email from Gosling's New York law firm. You can be sure this is a sobering experience. For those who care:

A chastened Josh
and...
A threatening Gosling


It's deja vu all over again...

No, no, not Josh again! Nope. This time it's "CTbites" - a food blog in Fairfield County, Connecticut - but this time the it was the ginger beer component of the "Dark & Stormy" being challenged. No matter, Gosling's trademarked drink specifies: "In a tall glass filled with ice add 4 - 5 oz of Gosling's Stormy Ginger Beer and top with Gosling's Black Seal Rum. Garnish with a lime wedge (optional)."

Naturally I posted a plea to respect Family Gosling and their trademarked signature drink, and for incentive also linked Josh and his elevated blood pressure encounter with Gosling. You can check out CTbites here. Stay tuned...