Local company Pussers Rum Ltd fiercely guards its “Painkiller” brand and has in the past even sued entities caught infringing on its trademark. Therefore the insinuation that the brand is being used in the United States without the use of Pussers Rum is a serious one.
The allegation that a top new Chicago establishment was serving and marketing its own Painkiller drink was made on Twitter by a BVI charter company. In a twitter post on May 27th, CharterPort BVI alleged that a Chicago based rooftop restaurant was selling the drink as its own; and that the bar’s Painkiller cocktails includes (Mount Gay Black Barrel Rum, pineapple orange, coconut, nutmeg) served in tiki mugs.
There has been no response from Pussers on the matter. However in a reported 2011 lawsuit the company sued because “Painkiller” brand name was being used in drinks that did not include Pussers rum.
In 2011 Pussers Rum Ltd reportedly sued two mixologists (bartenders) for using its “Painkiller” brand. It was reported in an article on adweek.com that Pussers Rum filed a lawsuit against Giuseppe Gonzalez and Richard Boccato, two New York mixologists for using the name “Painkiller” on their bar.
The Adweek article explained that “Painkiller” is Pusser’s signature drink and states: “The British Virgin Islands company bought the rights to "Painkiller," which it defines as "alcoholic fruit drinks with fruit juices and cream of coconut and coconut juice," in 1981. The company also promotes "Painkiller Day," "Painkiller" drink mix, rum cakes, T-shirts and mugs—the sales of which are being undermined, they claim, by the Lower East Side Bar.”
The suit was allegedly filed in Manhattan Federal Court. It was also stated that the sued mixologists don’t use the signature Pussers rum in their “Painkiller” drink. It was also stated that the bar owners also bought a domain name that includes the term “Painkiller.”
- Source: BVIHotpress.com