6th Circ. Sides With Maker's Mark In Wax Seal Trademark Row

Law360, New York (May 9, 2012, 6:32 PM EDT) -- 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 —...
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