Maker’s Mark, the company that makes the famous Kentucky whiskey of the same name, won a seven-year trademark suit last week against Casa Cuervo, S.A. De C.V. and its distribution partner Diageo Brands Inc.
At issue in the case was Casa Cuervo’s 2001 move to market an expensive tequila called Reserva de la Familia with a dripping red wax seal atop the bottle. Maker’s Mark objected, claiming that including such a feature could confuse the bourbon makers’ buyers into thinking there was a some kind of sponsorship or other business affiliation between the two brands. And that, Maker’s Mark said, would constitute infringement of its registered trademark on “a wax-like coating covering the cap of the bottle and trickling down the neck of the bottle in a freeform irregular pattern.” See the Maker’s Mark trademark, PDF.)
