Law360, New York (May 09, 2012, 6:32 PM ET) -- The Sixth Circuit said Wednesday that Maker's Mark Distillery Inc.'s distinctive red wax seals were not a functional feature of the company's whiskey bottles, striking down Jose Cuervo International Inc.'s argument that Maker's Mark's trademark for the seal was unenforceable.
The appeals court upheld a Kentucky federal judge's ruling that barred Cuervo from selling its tequila in bottles that feature a dripping wax seal, ruling that Maker's Mark's trademark for the seal was valid because the company had exclusively used it to distinguish its product —...
6th Circ. Sides With Maker's Mark In Wax Seal Trademark Row
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