Can You Trademark a Cocktail Recipe?; Daily Beast, 9/27/16

Philip Greene, Daily Beast; Can You Trademark a Cocktail Recipe? :

"One of the most stressful drinks for a bar to put on its menu is one of the simplest: the Dark ‘n Stormy®. It’s certainly not the preparation that causes anxiety—just about anybody can make a serviceable version of this refreshing rum and ginger beer highball—but the brand of rum used can cause trouble.

It’s one of the few drinks (along with the Painkiller®) whose name is actually trademarked. In this case, Gosling’s Rum controls the moniker Dark ‘n Stormy, and if you put the drink on a menu it better be made with that brand of rum. If not, you might just get a cease and desist letter.

This, naturally, raises the question: Why aren’t more bartenders trademarking cocktail names? It’s a simple query with a long answer. Even as a trademark attorney and a cocktail geek, with one foot firmly in each field (well, maybe one is perched on the rail), I find it complicated to untangle."