Beam Global Spirits & Wine has won a lawsuit against Diageo to protect the copyright of the red wax seal used on bottles of Maker’s Mark Bourbon.
The hand-sealed red wax coating on all Maker’s Mark bottles is a valid trademark, exclusive to brand owner Beam Global Spirits & Wine, a US court has ruled.
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Beam brought the case against Diageo last year to prevent its rival from using a red wax seal on its Jose Cuervo Tequila in the US.
“We’re very pleased that a Federal court has ruled that our unique trade dress and bottle design are proprietary to Maker’s Mark and off limits to our competitors,” said Maker’s Mark president Bill Samuels, following the ruling at the District Court for the Western District of Kentucky on 2 April.
A Diageo spokesperson said today (6 April): “Diageo is pleased that its only obligation is to refrain from conduct that it and Cuervo voluntarily ceased more than six years ago, and that neither it nor Cuervo were found liable for any monetary damages.”
The firm signalled that it does not intend to appeal the ruling.
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By GlobalData“We hope that the court’s decision will put this dispute to rest, and that all of the parties now can turn their attention to other, more pressing business matters,” said Diageo.
