Two cocktails “against the wall”

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Working as the Oregon brand ambassador for Lucas Bols, I spend much of my time promoting Bols Genever. However I also work with one of our other brands, the ubiquitous Italian liqueur Galliano. Both present interesting challenges. With genever we’re introducing people to an entire category of spirits with which they may be unfamiliar. With Galliano, the spirit is familiar sometimes to the point of neglect. A friend of mine jokes that buying a bottle of Galliano is a condition of getting a liquor license; it seems like every bar has it, but they don’t reach for it as often as they could.

When I talk to the public about Galliano, three associations come up repeatedly. One is of course the Harvey Wallbanger. Another is people sneaking pours from their parents’ giant Galliano bottles when they were underage. Or lastly, if a person had been to bartending school, they remember that if a drink is ordered “against the wall,” that means it’s served with Galliano. I’m pretty sure this nomenclature derived from the Wallbanger, but one guy was certain of his alternative theory: Because 750 ml Galliano bottles are too tall to fit on some bar shelves, they’re stored “against the wall” instead. Probably wrong, but points for creativity!

To be fair, there’s a good reason the spirit has been overlooked in recent years. Previous owners of the brand moved production to France and altered the recipe, taking it down to 60 proof and making it much less complex. Those older bottlings are far too sweet. Bols, however, has taken the brand back to its original home in Livorno, Italy and restored its quality. It’s now back above 80 proof and much more complex, with some 30 herbs, spices, and extracts going into it. If you haven’t tasted it in a while, it’s worth giving it a new try. I was skeptical myself, but it really is a vast improvement over the French product. Look for the bottles with red trim and “L’Autentico” on the label.

The most famous Galliano cocktail is the Harvey Wallbanger, basically a Screwdriver with Galliano floated on top. A close second is the Golden Cadillac, a blend of Galliano, white crème de cacao, and half-and-half, sold in unimaginable quantities at Poor Red’s BBQ in El Dorado, California. This was a guilty pleasure of mine as far back as my DC days. Sweet, yes, but also delicious.

Recently I’ve been challenging some Portland mixologists to come up with new Galliano cocktails. Here are two of my favorites. The first is from Adam Robinson at Park Kitchen. He served this is as the opening drink at the cocktail pairing dinner that kicked off Portland Cocktail Week and it was a hit. He calls it the RCA cocktail, since the three ingredients are red, white, and yellow, like an RCA cable:

1.5 oz Cocchi Americano
1.5 oz Sanbitter soda
.5 oz Galliano

Stir with ice and strain into a rocks glass. Express a lemon zest over the drink and discard. This is a great aperitivo, low in alcohol but with lots of flavor and fantastic color from the Sanbitter soda.

Another drink I really like is the Livorno Buck from Dave Shenaut at Beaker and Flask:

.75 oz Galliano
.75 oz gin
.75 oz dry vermouth
.75 oz lime juice
ginger beer

Shake the first four ingredients with ice and strain into an ice-filled collins glass. Top with ginger beer and serve. It’s balanced and refreshing, a good long drink for sitting outside in the summer.

Have another good drink “against the wall?” Let me know in the comments.

Dark ‘n’ Sue Me

The Dark ‘n’ Stormy is a cocktail I like on a summer day. And like any good bartender, I know that it’s generally made with Gosling’s Black Seal Rum. What I didn’t know is that the name of the drink is a legal trademark:

That’s according to two trademark certificates on file with the United States Patent and Trademark Office, which — in an exceptionally rare instance in the cocktail world — dictate the precise ingredients and amounts required to call a Dark ‘n’ Stormy, well, a Dark ‘n’ Stormy.

“We defend that trademark vigorously, which is a very time-consuming and expensive thing,” said E. Malcolm Gosling Jr., whose family has owned Gosling’s since its founding in Bermuda in 1806. “That’s a valuable asset that we need to protect.”

But a trademark-protected drink — especially one as storied and neo-classically cool as a Dark ‘n’ Stormy — seems anathema to the current bartending practice of putting creative individual spins on time-tested drinks. Drinks like this one undergo something like a wiki process: a tweak here, a substitution there, and the drink is reimagined.

As this article at Halogen Life notes, applying intellectual property to cocktails is a rare thing. (The article uses “patent,” “copyright,” and “trademark” somewhat interchangeably, but I think it generally intends to refer to trademarks.) An early example (non-trademark) is the Bacardi cocktail, which by court decision can only be made with Bacardi rum. This is understandable given the value of the brand name and the expectations of customers ordering it. Similarly, if a customer orders a Captain and Coke the bartender shouldn’t serve him a Sailor Jerry’s and Pepsi instead, at least not without asking. (Though I have to wonder if it’s possible to harm the Captain Morgan brand any more than one would do by actually serving Captain Morgan.)

Of the few cocktails that are trademarked, most are the gimmicky concoctions found in chain restaurants and tourist spots. The Dark ‘n’ Stormy is a rare trademarked cocktail that craft bartenders care about.

This would all be of merely intellectual interest if not for the fact that a competing rum company, Zaya, ran an ad in the most recent issue of Imbibe recommending its 12 Year Estate Rum in a Dark ‘n’ Stormy. According to the New York Times article quoted above, Gosling’s plans to take action protecting their trademark. Zaya responded with a press release arriving in my inbox on Monday:

Zaya Rum fully supports Mixology as an artform. By imposing a trademark or patent on a cocktail recipe one is suggesting to undermine a Mixologists’ artistic freedom. We applaud bartenders who put their personal thumbprint on a libation as an integral part of the artform; it’s what creates a recipe in the first place.

Gosling’s might be on solid legal ground, but as a craft bartender I’m firmly on the side of Zaya. I use Gosling’s in a Dark ‘n’ Stormy because it tastes good, but it’s hardly written in the fabric of the universe that no other rum pairs so perfectly with ginger beer. If another rum company thinks they’ve made a product that’s even better, I want them to tell me about it. Using unique ingredients in classic cocktails is part of what makes tending bar creative. For example, a couple weeks ago my pal RumDood wrote about his good results substituting different rums in the Painkiller, a cocktail marketed by Pusser’s Navy Rum. It’s that kind of experimentation that moves mixology forward.

Gosling’s contends that using any other rum in a Dark ‘n’ Stormy would leave customers unimpressed, decreasing sales of the cocktail and therefore of Gosling’s itself. Perhaps. The New York Times compares Gosling’s to Campari, but you don’t see bartenders throwing other Italian aperitifs willy-nilly into Negronis despite that drink’s not having any trademark that I know of. Or they give the drink a new name if they do, like the Cin-Cyn using Cynar; not because they’re required to, but because Campari really is distinctive enough to merit its own iconic cocktail. This kind of bottom-up market test is a working method of deciding when a recipe deserves a distinct name.

So when I see Gosling’s calling in the lawyers to prevent people from trying out substitutes, I start to doubt whether their rum is as good as they say it is. Hell, they’re a rum company. Would this kind of behavior impress Ernest Hemingway? Or would he mock them from his bar stool whilst demonstrating knife stunts and tossing back a daiquiri? The question answers itself!

Here’s the three-word response I’d rather see from Gosling’s: “Bring. It. On.” Dark ‘n’ Stormy competition, blind tastings by a panel of consumers and mixologists, sampled side-by-side. The loser pays for the winner’s ad campaign touting its brand as the ultimate rum for the Dark ‘n’ Stormy. What do you say, Gosling’s? Will you put your money where your mouth is?

No, of course they won’t. And I can’t say I blame them. They’ve got a good thing going with their trademark and no reason to risk losing it. But their actions have made me want to switch brands out of spite. If a “Dark ‘n’ Sue Me” shows up on my cocktail menu soon, you’ll know I found a winner.

Further discussion: Inventor’s Rock provides legal clarification and Vidiot at Cocktailians provides an excellent overview of coverage.

Update: It’s worth noting that Australian rum maker Bundaberg markets a bottled Dark and Stormy beverage. I have no idea if they have any plans to enter the US market, but keeping that particular bottle off of store shelves might be one reason Gosling defends its trademark so vigorously.