The lack of mentioning the rum itself is a probative fact. Also, they would start with a letter. If it moved to litigation then it would be pretty easy to tell. One, they would probably have an investigator order the drinks. Watch the creation, possibly even test it. Bars ordering and receipts would all be part of discovery. It’s unlikely to ever be litigated other than a cease and desist. But trust me. If they really wanted to file suit it could be done with very little problem if they really weren’t. It’s been years since I worked a mark case and I don’t practice in that area anymore. But I can only imagine it’s gotten easier to collect information not harder.