From the NYTimes:
Two trademark certificates on file with the US Trademark and Patent Office (which is exceptionally rare for cocktails), dictate the precise ingredients and amounts required to call a Dark 'N' Stormy a Dark 'N' Stormy.
In other words, it's technically illegal for a bar to sell a "Dark 'N' Stormy" without using those measurements and ingredients.
Gosling's (the rum used in the drink) was founded in 1806 in Bermuda and is STILL family owned. E. Malcolm Gosling Jr. is still the man to ask about the rum. According to him, they still defend the trademark vigorously which is really time-consuming and expensive but in their minds, worth it.
Pretty cool stuff.
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