US: Appeals court finds for Beam Inc over Diageo in Maker's Mark wax row
Dripping red wax can only be used by Beam Inc's Makers' Mark brand
Beam Inc has welcomed a ruling by an appeals court in the US upholding its red wax trademark for the Maker's Mark Bourbon brand.
The US Court of Appeals for the sixth Circuit yesterday (9 May) upheld a US District Court ruling from 2010, protecting the registered trademark for Maker’s Mark’s dripping red wax seal. The ruling reiterated the decision by the District Court that forbade Jose Cuervo International, its affiliates and Cuervo’s US distributor Diageo North America from the use of a dripping red wax seal on any Cuervo Tequila product.
“This decision is a resounding affirmation that our unique dripping red wax seal is a trademark of Maker’s Mark and is off limits to competitors,” said Rob Samuels, chief operating officer of Maker’s Mark.
The appeals court ruling also upheld the lower court’s ruling in awarding costs to Maker’s Mark for its pursuit of the injunction.
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