Bacardi Cocktail & The Trademark

There’s been lots of stories about the Bacardi Cocktail being protected under “copyright” and taking bar owners to court on the back of it.

I’m aware that technically you can’t copyright a recipe (although you can trademark a name), but that’s not the topic I’m interested in here.
What I’m curious about is a little bit of actual history on the drink and legal claims of it.

I have found this 1934 trademark mention, but does anyone know if this is the “correct” one or if older ones exist?

An ad in the June 20th, 1942 print of Colliers make reference to a ruling from Supreme Court in April 1936 but I can’t seem to find anything relating to this:

A lot of stories claim there was a court case against a bar owner for using a different rum in a listed Bacardi Cocktail, but I can’t find any proof of this, so is it merely a reference to the trademark itself being approved or has anyone got references to this?

As far as the recipe itself goes, it seems it was originally just a Bacardi Daiquiri… This ad confirms this by specifying regular sugar (instead of grenadine) and Hugo Ensslin wrote the same in 1916. His “Santiago Cocktail” was the grenadine version we’re commonly familiar with though.

The Old Waldorf-Astoria Bar Book seems to me to be the first printed version including “A little grenadine” but Stanley Clisby Arthur “reverts” this in his Famous New Orleans Drinks by specifying that grenadine should not be included in the mixture.

Then in the 1950s, the UKBG flat out just solidified it with grenadine. Given their importance and cultural weight, this obviously stuck around.

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@francois and @Splificator can probably go deep on this one, but the grenadine Bacardi Cocktail goes back at least to Straub (1914).

Aside: at this point, if the recipe was still legally enforceable, I’d argue it would be impossible to make the Bacardi Cocktail today, because Bacardi doesn’t make anything resembling that rum any more.

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The earliest grenadine Bacardi Cocktail recipe I know is from Straub’s 1914 book (I assume it was also in the 1913 edition, maybe @Martin can confirm). I have a 1916 ad talking up the Bacardi Cocktail with grenadine.

I’ll also recommend @ben’s piece: The Bacardi Cocktail: The Amazing True Story

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The court cases were very real: Compania Ron Bacardi S.A. v B.P. Hotel Inc. and Compania Ron Bacardi S.A. v Wivel Restaurant, both in 1935. Unfortunately Google Books now has these on snippet view, but I’m sure there are other places (e.g., Hathi Trust) that will have them. The affidavits are fascinating, because many are from old-line NYC bartenders whose career paths take you through all of the city’s famous pre-Prohibition watering holes. The upshot was that you couldn’t call it a Bacardi Cocktail and use Carioca rum in it.

“Bacardi Cocktail” and “Daiquiri Cocktail” were both applied to the cocktail with rum, lime and sugar and the one with rum, lime and grenadine, apparently indiscriminately. Thus Jacques Straub’s 1913 “Daiguiri” has “powdered sugar” (the 1913 book doesn’t name the rum and has no Bacardi Cocktail) while Jack Grohusko’s 1916 edition of Jack’s Manual has a “Daiguiri” on page 46 with Bacardi, lime and “powdered sugar” and a “Dicorie” on page 107 with Baccardi, rum and grenadine.

You want people to act logically and in an ordered fashion. They do not. Eventually orderly-brained types come up with rules, which are fun for everyone else to ignore. The 1930s rule that the sugar version is a Daiquiri and the grenadine one a Bacardi was not descriptive of how matters stood in the field.

I do agree with Martin about recreating early versions of the Daiquiri/Bacardi Cocktail, although I have yet to find the perfect substitute.

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In 2018, there was a law review article tracing the history of the Bacardi Cocktail. “It’s Your Right…!”: A Legal History of the Bacardi Cocktail”

See "It's Your Right...!": A Legal History of the Bacardi Cocktail 27 University of Miami Business Law Review 2018-2019

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Some additional speculation of the Occam’s Razor variety (i.e., may be wholly or partially wrong once the facts are in):

Besides the Bacardi Cocktail discussed above, there were other Bacardi Cocktails. Grohusko (1910) has one with Bacardi, red vermouth and dry vermouth. Boothby (1912) has one with Bacardi, red vermouth and pineapple syrup. There are others in similar vein from the same general era, and they’re—quite transparently—merely cocktails from familiar templates made with/featuring Bacardi instead of some other spirit. The reason they exist is that Bacardi rum was of significant interest at the time, the novel “gin of rums” so-to-speak, so you (the bartender) make up a cocktail for it. In lieu of a credible origin story, the Bacardi Cocktail with lime and grenadine perhaps emerged from of the same organic process, which might explain all the inconsistencies in the early years, particularly the entanglement with the Daiquiri, which also was associated with Bacardi. The appearance of grenadine in that Bacardi Cocktail is also unsurprising as this was the same era of the Jack Rose, Clover Club, Pink Lady, et al., drinks with which this Bacardi Cocktail has obvious similarities.

Unlike the Daiquiri, all these Bacardi Cocktails seem to originate in the U.S., rather than Cuba. Or did they? I don’t know. A rudimentary version of the grenadine Bacardi Cocktail appears ten years after Straub in the 1924 Manual de Cantineros, in a section of punches:

(the lime is missing)

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Interestingly enough, the Daiquiri in John B. Escalante’s 1915 Manuel del Cantinero, published in Havana, uses both sugar AND grenadine, plus–what the hell, a little curaçao as well.

I think it’s a good call to invoke the Jack Rose and the Pink Lady, since they were both very trendy cocktails of the late oughts and early teens, sweetened by the very trendy grenadine, which helped cement the idea put forth most conspicuously by the Bronx that a cocktail could have citrus. It was natural to rope Bacardi–another new and trendy ingredient–into this by yoking it to both the citrus and the grenadine. Trend trifecta.

In the 1930s Fougner tried to rationalize all this by dividing the Bacardi Cocktail universe into three parts:
Daiquiri = Carta Blanca, with lime and sugar
Bacardi (Dry) = Carta de Oro, with lime juice and no sugar
Bacardi (Sweet) = Carta de Oro, with lime juice and grenadine
The fact that he had to repeat this year in and year out in his answers to queries shows that this classification had little impact. People still made Daiquiris with Carta de Oro and/or grenadine if that’s what they wanted, and Bacardi cocktails with Carta Blanca and without grenadine. And I doubt very many Dry Bacardis were ever served entirely without sugar, no matter how sweet the Carta de Oro might have been.

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I should add that Escalante, a Spaniard, came to Havana from New York, where he may have tended bar at the famous Knickerbocker Hotel. So that grenadine might well be a case of cross-contamination, so to speak.

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Whoops! I forgot about that Escalante recipe. Here it is:

Bacardi is mentioned explicitly many times in this (1915) book, almost always dropped into some familiar template drink. I find this page particularly amusing with its unnecessarily chained back-referencing:

His Bacardi Sour is pretty much his Daiquiri—slightly different technique, no grenadine.

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[EDIT: Added the “Make mine a Bacardi” reference]

Thanks all for the great responses. That law review article was super insightful, @Lowell !

Did some further digging both from a recipe and legal perspective on this and it’s fascinating how it’s evolved.

I think the simplified version is summarised as:
Around the 1900s, the Daiquiri starts popping up with the original Cox recipe being available as per his notes (Currently held at the digital collections of Miami Library).

In 1913, the Oakland Tribunes Financial page runs a short piece titled “Here’s New Cocktail; Rum and Grenadine” which essentially outlines the Bacardi Cocktail:

In 1914, Jacques Straub writes Bacardi Cocktail as rum, grenadine and lime while in 1916 Hugo Ensslin reverses it so Bacardi Cocktail is sugar and Daiguiri is grenadine.
Basically the two drinks are a bit interwined already…

Bacardi was already big, but gained even more traction during prohibition to the extent that regular consumers considered “bacardi” a synonym for any rum in the white and light style.
This is referenced by:
A) Here’s How by Judge Jr. mentioning “Bacardi” and “Gordon Water” in place of rum and gin alongside the other spirits being labelled by category. (ie. scotch, rye, brandy, etc.)
B) in 1934 some mad guy named Augusto Diaz Briot opened a competing distillery in New York and called it “American Bacardi Rum Corporation” arguing that “bacardi” was a style. (He lost the case when Bacardi sued)
C) “Bacardi Cocktail” was made with any convenient rum as referenced by bartenders in court during the 1936 case between Bacardi and Barbizon-Plaza Hotel:

Bacardi initially lost the case on January 30th of 1936 when the ruling was “The plaintiff’s particular brand of rum has not been shown to be essential in the public mind to the drink known as ‘Bacardi Cocktail’”.
Bacardi appealed the case and won a few months later at which point they immediately started using this in marketing materials.

On 13th of September 1937, the New York Times wrote that Bacardi had announced a new ad partnership to launch the “Make mine a Bacardi” campaign explicitly referencing the case and discouraging “illegal substitution”:

The ads I’ve found from the time following the case seems to confirm that Bacardi basically tried to hustle the Daiquiri as their own by re-labelling the rum, lime and sugar mix to Bacardi cocktail. This one being from 1937:

And another one from 1942:

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Some interesting bits, here, particularly from the 30s. Hugo Ensslin was obscure in his day and I am skeptical he had any meaningful role in the evolution of the drink, and he was certainly not the only one publishing confused recipes. By the time Craddock ripped him off in 1930, there was already a lot of rum, lime, and grenadine under the bridge. Has anyone dug up whatever inspired the Karl K. Kitchen attribution in the Savoy?

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I’m unsure of the specific reasoning behind Craddock’s crediting here, but I know Anistatia and Jared mention Karl Kitchen in relation to Craddock in their 2013 book “The Deans of Drink”.
They might have some references lying around.

I’m still absolutely fascinated by how many people actually assume this note is really Cox’s original recipe (whatever that means). The paper comes from Cox’s granddaughter’s archive. She never knew her grandfather (he died when her mother was 15). It’s the same hand that wrote “Original Mr. Cox’s” and the rest of the document. Cox passed in 1913, when the Daiquiri was just getting popular and no one had ever linked him to its creation. It’s highly likely that the document is from a latter date and was put together by someone else.

As for the whole grenadine / no grenadine thing, I always assumed the novelty of Bacardi led people to ask for “that Bacardi cocktail”, which meant different things to different people.

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Fortunately we don’t need to rely entirely on that well-worn scrap of paper. In December, 1904 an American Congressional delegation got a quick tour of Santiago and then a banquet at the Hotel Venus. There they got to try the famous Bacardi, according to Joseph Ohl of the Atlanta Constitution, who was on the trip (I must admit that he doesn’t explicitly say it was at the Venus that they tried Bacardi, but that appears to have been the only place they ate and it’s where they stayed, and it was if not the only place in Santiago to get an iced drink in the American style it was the dominant one by a longshot). The Venus, which seems to have been serving some sort of Bacardi-base cocktails since at least 1899 (see the St Louis Post-Dispatch, January 15 1899 p. 33) , was where Jennings Cox and his “siete solteros”–his crew of American and Canadian mining engineers–drank once Santiago fell to the Americans. What Ohl and the Congressmen were served is this:


(Atlanta Constitution, Dec. 3, 1904, p. 5)

At this point, the name for this simple combination was up for grabs; the Venus bar seems to have called it a Daiquiri, using the name Jennings Cox and his gang gave it. By 1906, however, Bacardi was advertising a “Cocktail Bacardi” (as in this ad from the Panama Star and Herald). If this were anything other than the Bacardi-rum-lime drink that was already floating around one would expect them to provide a little how-to; a little clue as to which particular branch of the cocktail family this drink belonged to. This may be the earliest attempt by Bacardi to get its name on the Daiquiri, but (as BookofMorten shows) it was by far the last. Yet it was a case of too little, too late: if the brand had gone all in with the Bacardi Cocktail, blanketing Santiago and Havana [EDITED TO ADD (where the drink was established as the “Daiquiri” by 1910; see “Alcoholic Explorations,” New York Press, June 12, 1910 p. 8)] with ads and moving more quickly to get American distribution, which didn’t come until 1908, and doing the same thing there, it may have turned out differently.

But the company was uncharacteristically sleepy about the drink, and even once their rum was available in the US at first did nothing to promote their “Bacardi Cocktail.” As late as 1911, it was traveling in at least some parts of America as a “Rum Plush,” a pretty useless name that shows how much the company’s American representatives were asleep at the switch.

As late as 1913, the company’s importers were advertising Bacardi in Rickey form and mixed–inexplicably–with French vermouth, but not mixed into the one drink that it was truly made for. In 1914, that drink finally hit it big, but it was under the name “Daiquiri,” and so it would remain.

The company didn’t stop trying. In 1930, when Bacardi printed up “Bacardi and Its Many Uses,” a little English recipe booklet to hand out to tourists, it began with the “Bacardi Cocktail,” with Carta Blanca, lime and sugar (the “Bacardi Grenadine Cocktail” cocktail, also with Carta Blanca, was two drinks below). If by then the “Daiquiri” name was too entrenched to dislodge, at least they could try to make sure that a “Bacardi” cocktail had actual Bacardi in it, although their court victory on that count proved to be of little benefit.

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