Cease and Desist
Recently I posted a blog entry in which I tasted a variety of inexpensive dark rums with the goal of determining which one tasted best when mixed with ginger beer. In the context of the article, I referred to the combination of dark rum and ginger beer as something other than, but similar to “Dark ‘N Stormy®”. The good people at Gosling’s were kind enough to have their attorneys at Abelman, Frayne & Schwab at 666 3rd Avenue in New York City send me a letter informing me that insodoing I had violated two Gosling’s trademarks.
They kindly requested that within five days I remove from my blog all references to names for said combination that weren’t “Dark ‘N Stormy ®” and publish a retraction stating that “Dark ‘N Stormy ®” is a registered trademark owned by Gosling’s Export (Bermuda) Limited for a cocktail made with GOSLING’S Black Seal® rum and ginger beer.
They were also kind enough to inform me that if I chose not to remove the post, I could be subject to injunctive relief (they get a court to take it down for me) triple damages as well as attorney fees.
Of course I immediately removed the post from my blog and am now posting this retraction to avoid further legal issues and ensure that everyone knows that a “Dark ‘N Stormy ®” is a registered trademark owned by Gosling’s Export (Bermuda) Limited for a cocktail made with GOSLING’S Black Seal® rum and ginger beer.
Thanks to this experience, I now realize that I am not worthy to speak about rum-based highballs, much less write about them. I will never again discuss drinks containing cane spirits and brewed ginger-based beverages unless using the proper legal terminology. This I promise you.
Very truly yours,