Trademark Functionality Tips From The Beverage Industry

Law360, New York (September 12, 2013, 5:31 PM EDT) -- Diageo PLC, the world's largest producer of spirits,[1] has recently found itself in several significant trademark disputes regarding a number of the company's spirit lines. In a case decided in May 2012, Maker's Mark brought suit against Diageo regarding use of the dripping red wax seal made famous by Maker's Mark.[2] In a case decided in March 2013 American Beverage Corporation brought suit against Diageo over use of flexible foil pouches to deliver frozen cocktail products.[3] And in an ongoing case, Diageo brought suit against Mexcor alleging infringement of some of the company's Crown Royal marks.[4] This article discusses the outcome of the Maker's Mark and American Beverage cases, and discusses the strengths and weaknesses of the arguments asserted in the yet-to-be-decided Mexcor case....

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