Alcohol Company Challenges Malibu Rum Version of “Dark ‘N Stormy”
Gosling Brothers Ltd. has filed a complaint against Pernod Ricard
USA, maker of Malibu Island Spiced Rum®, alleging that a recipe on
the Malibu website violates Gosling’s “Dark ‘N Stormy” trademarks.
Gosling Bros. Ltd. v. Pernod Ricard USA, No. 15-13360 (D. Mass., filed
September 15, 2015). Gosling holds five trademarks for “Dark ‘N Stormy”
in the categories of wine and spirits, bar services and clothing to protect
a cocktail recipe and a premixed cocktail drink composed of Gosling’s
Black Seal Rum and ginger beer. The Malibu website, the complaint
alleges, offers a recipe for a “Dark N’ Stormy” drink composed of Malibu
Island Spiced Rum®, ginger beer, bitters and a lime wedge along with a
video instructing how to make the cocktail. The complaint further alleges
that a similar recipe for a “Black Stormy” cocktail uses similar ingredients
but replaces the Malibu Island Spiced Rum® with Malibu Black Rum®. Gosling seeks injunctions and treble damages for allegations of
trademark infringement and unfair competition.