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.


Issue 579

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.