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27 U. Miami Bus. L. Rev. 1 (2018-2019)
"It's Your Right...!": A Legal History of the Bacardi Cocktail

handle is hein.journals/umblr27 and id is 29 raw text is: It's Your Right ... !: A Legal History of the Bacardi Cocktail Brian L. Frye* And everybody wants to be special here They call your name out loud and clear Here comes a regular Call out your name Here comes a regular Am I the only one here today?' I. THE ECSTASY & THE AGONY OF GENERICIDE ...................2 II. THE BACARDI COMPANY................ ....................4 III. THE ETIOLOGY OF THE BACARDI COCKTAIL..............5 A. Grog...................... .......................5 B. The Canchanchara................ ...................6 C. The Daiquiri................... .....................6 D. The Bacardi Cocktail............... .................10 IV. BUILDING THE BACARDI TRADEMARK.. ......................14 A. Ersatz Bacardi ......................................... 17 B. For Want ofBacardi a Lawsuit was Lost....... .......... 19 V. THEY'RE ALL OUT OF LIQUOR, LET'S FIND ANOTHER PARTY..28 APPENDIX:.................................................... 32 The Bacardi cocktail was the Cosmopolitan of the Jazz Age: a sweet and sour tipple with an attractive rosy hue and a deceptively alcoholic punch. Created in about 1913, and named after Bacardi rum, it soon became one of the most popular cocktails in America. Prohibition only increased its popularity, as wealthy Americans vacationing in Cuba * Spears-Gilbert Associate Professor of Law, University of Kentucky School of Law. J.D., New York University School of Law, 2005; M.F.A., San Francisco Art Institute, 1997; B.A, University of California, Berkeley, 1995. Special thanks to Collectif 1806 (https://www.collectifl 806.com/), whose online library of historical cocktail books made the appendix to this article possible, and to Alexandra J. Roberts and Katrina M. Dixon for helpful comments. I THE REPLACEMENTS, HERE COMES A REGULAR (Sire Records) (1985). 1

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