Expert: Eric Hofer - 2/24/2011

Question
Eric, I have the best homemade tropical drinks, I've ever tasted. These are original recipes of popular tropical drinks (Margaritas, Mai Tais, etc...). How do I get sponsorships/discounts on name brand liquors (Bacardi)? Are these drinks classified different that the malt beverages (wine coolers)you find in grocery stores? How do I get wide distribution? Also, what about trademarking recipes?

Answer
Christian,

You've got me salivating and stumped simultaneously.

I've not seen sponsorship like that of a Racing Car Team for a bartender.  It'd be an interesting concept; rather than dress in a black T-shirt and jeans, you could wear a jumpsuit with rum patches all over.  I'd skip the helmet bit, otherwise the designer stubble won't be visible ...

I guess there's no problem writing to Bacardi and asking, hey would you sponsor me?  Though I can see why you dismissed that idea; but what would be another avenue?  Mixed drinks competitions?  You need more than just yours truly raving about the taste.  And if so, that would probably start you down the path to the winners' circle.  Have you put your shaker to the test?  I'd think first stop would be to wow over a couple of less than popular, well situated bars who'd like the traffic ... see if you pull in the crowd and then work your way up the distribution food chain...

I don't know who or why one would classify a tropical drink as a beer (you wrote "malt").  A wine-cooler is a stretch for me, but I see that according to Bacardi's trademark they listed under "Wines & Spirit Products."  Who am I to argue with those so much more versed in rum than me?

On to wide distribution.  Pepsi and even Coke have spent billions and are still dis-satisfied.  I guess before you go for distribution, you need to start bottling.  Keep in mind, anything that requires bottling requires preservation - the act of which is likely to change the taste and becoming something you wouldn't want your grandmother's name let alone yours, attached to.

But say you overcome that...  Either you do all the bottling yourself or you get an investor.  The problem with the latter is once you've explained your secret recipe, you're surplus to requirements; and until you do, I guess if you're plying everybody with samples until you tip your hand.  Regardless, you'll need capital.  How much were you planning to invest?

Finally, trademarking recipes.  Trademarks are images, so yes, if you write out your recipe in some original way, like the flowing letters of Coca-Cola, you'll be able to protect that image for many years...  However, as you've now written out your secret blend, it won't be a secret any longer.

Now copyrighting the recipe is another story.  And here, the answer is, yes you can copyright formulas - but the very act of doing such means the recipe will be in the public domain (subject the the scrutiny of the copyright examiner and Bacardi's flavor scientists) and then all they'll have to do is copy it, add a tasteless gram of something else, and voila, you've got competition.  This is why Coke, whose original recipe would have timed out 50 years ago isn't copyrighted; it's just kept secret.

It's a sad thing Christian, but I don't think there's an easy vein of gold there for the taking.  I'd say go for the competitions first (if there are such; or invent that) and/or work the local bar scene.  

Eric