Makers Mark wins wax lawsuit

Fortune Brands has won a ruling against Diageo to protect the copyright of the iconic red wax seal used on bottles of Maker’s Mark bourbon.

The company brought the case against Diageo last year to stop it from using a similar red wax seal on bottles of José Cuervo Tequila in the US, though Diageo had in fact stopped doing so voluntarily more than six years ago.

A district court in Kentucky ruled that the hand-sealed red wax coating on all bottles of Maker’s Mark is a valid trademark.

Speaking after the ruling, Maker’s Mark president Bill Samuels said: “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.”

Diageo, which is unlikely to appeal the decision, said: “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.

“We hope the court’s decision will put this dispute to rest, and that all of the parties can turn their attention to other, more pressing business matters.”

Alan Lodge, 07.04.2010