District Court, plaintiff Pusser’s Rum Ltd., which sells rum, cocktail mixers and rum products such as cakes under the brand name “Painkiller” sued tiki bar owners Giuseppe Gonzalez and Richard Boccato, claiming irreparable harm to its brand, unfair competition and unfair business practices, according to court documents on file in the Southern District of New York.
Painkiller, the Essex Street tiki bar that became a poster child for the citywide artisan cocktail movement when it opened last May, has been forced to change its name and give up its website as part of the settlement of a federal lawsuit in which a British Virgin Islands rum manufacturer alleged trademark infringement, according to court documents. In response to the news, numerous bartenders organized a boycott against Pusser's Rum.Painkiller, the popular Essex Street tiki bar, plans to change its name to PKNY. Gonzalez and Boccato reached an out-of-court settlement with Pusser's, which included them renaming the bar to PKNY. When a Tiki bar named Painkiller opened in the Lower East Side of New York City in May of 2011, Pusser's sent a cease and desist order to owners Giuseppe Gonzalez and Richard Boccato, both for the bar's name and for selling Painkiller cocktails made with rums other than Pusser's. filed a US trademark on the Painkiller's name and recipe. The inventor may have been Daphne Henderson, or George and Marie Myrick, previous owners of the Soggy Dollar.
The original Painkiller was created in the 1970s at the Soggy Dollar Bar at White Bay on the island of Jost Van Dyke in the British Virgin Islands. It may be made with either two, three or four ounces of rum. The Painkiller is a blend of rum with 4 parts pineapple juice, 1 part cream of coconut and 1 part orange juice, well shaken and served over the rocks with a generous amount of fresh nutmeg on top.
It is often associated with the British Virgin Islands, its place of origin. A Painkiller is a rum cocktail with a name trademarked by Pusser's Rum Ltd, their signature drink.
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