The Infringement™

(After Five hand blown cocktail glass: made and sold by The Henry Ford Museum )

Happy accidents happen.
As I repeat ad nauseum, unlike many cocktail bloggers, I’m not a cocktail expert. I’m a writer who writes about cocktails (and mayhem). As such, I tend to do a lot of what certain actual drink experts refer to as “meta-blogging“, or blogging about blogging. One area that fascinates me a lot as both a writer, and a drinks geek, is intellectual property, and how we can both protect creators and build and share ideas at the same time. I’ve written a fair amount about what you can and can’t (and should and shouldn’t) protect in posts like this one.

Now, the happy accident approaches. I also have had fun with one of the odder results of US IP protection laws with posts like The Cocktail Whose Name Must Not Be Spoken (The Bacardi Cocktail) and Another Drink You May Not Be Able To Name (The Dark ‘n Stormy). You see, you can’t protect a recipe, but you can protect a name. Anyone can copy any recipe, make it, reprint it, whatever. But they can’t call it by the trademarked name, unless they specify and use the actual brands of ingredients specified by the trademark holder.

I was playing in my lab bar recently while ruminating on this issue. Specifically, I was thinking of making my wife a Bacardi Cocktail, but found myself laughing that I was out of the Bat Beverage. After checking the basement to be sure it was clear of lawyers employed by the Bacardi Corporation, I determined to make one anyway, and just not name it.
Now, a basic Drink You (May) Not Be Able To Name is a tasty, though frankly bland cocktail. As I perused my rums, my eye fell upon my bottle of El Dorado 3 Year Cask Aged white demerara rum. Demerara style rums are a different breed of cat, so I wondered how it would work in the drink with the commercially controlled name.

Happy. Accident.

I give you The Infringement™. The name comes from a prior bull session in the Mixoloseum Chat Room. Be sure you include the ™ if you use it yourself!


  • 3 parts El Dorado 3 y/o or other light demerara rum.
  • 1 part fresh lime juice
  • 1 part real grenadine

Combine with ice and shake until full of slushy ice slivers. Strain into a cocktail glass and garnish with a wedge of lime.

This is really delicious. It has the same soft, sweet, approachable, Cosmo-like yumminess as the Bacardi Cocktail, but with an added tang and complexity that makes for a vastly more interesting drink. Both the PeguWife and I are addicted to them now. And that’s a pain in the tush, since you can’t buy the El Dorado in Ohio….


  1. Matt R.

    1 December

    The Bacardi Cocktail without Bacardi is often referred to as a Cuban Rose, Santiago Rose or Santiago Daiquiri – especially in the UK.

    I should probably do a write-up of that.

      (Quote)  (Reply)

  2. Jordan

    1 December

    Couple of thoughts:

    ED3 is really a pretty unique rum. I always want to say that the vanilla in it seems savory rather than sweet, but it’s hard to perfectly describe. If you want to order more ED3 online, DrinkUpNY has it for a reasonable price ($16) and they ship for free if you order is more than $100 (and it certainly isn’t hard to come up with $100 of booze that one would like to purchase).

    This might also be interesting with some Queequeg’s Blood from Dr. Bamboo instead of grenadine, especially since it’s near the holidays:

      (Quote)  (Reply)

  3. Doug

    1 December

    As I said, “a different breed of cat”. The 3 is the only silver demerara I’ve had, what you say is interesting.
    As for getting more, well I bought the first bottle out of state on a bi-state killing spree, and the second (now also empty) from Drink-Up. We’ve been drinking this cocktail A LOT….

      (Quote)  (Reply)

  4. Dagreb

    1 December

    Cool stuff Doug! I’ll need to link back to you when I get to the Bacardi® part of my Federal Glass shaker…

      (Quote)  (Reply)

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