The Sixth Circuit has been asked to decide an interesting trademark question: whether Jose Cuervo tequila can use a red wax seal on its bottles. Makers Mark bourbon is arguing that the seal is too similar to the seal on its bottles, and a reasonable drinker might be confused. In other words, I might think I am opening a bottle of whiskey, only to learn it is tequila. I am not sure it really matters (I am much more of a tequila person), but why aren’t reasonable drinkers just reading the labels? 
Unless you have already had a bottle, wouldn’t you be able to tell the difference?
Regardless, the Court ruled in favor of Maker’s Mark, finding that it was entitled to protect its distinctive seal.
2 Comments
Qing Du posted on June 20, 2012 at 12:57 pm
I couldn’t tell why it matters to Makers Mark, since they have totally different labels and bottles. It’s not like someone produces similar products which are already on the market that violates Intellectual property law. How about most of wines have foil covering the corks and top of wine bottles. Then all wines need to have different corks and foils.
Scott Pheifer posted on September 12, 2012 at 10:16 am
You would have to have the IQ of about 5 to not be able to tell the difference between these bottles of whiskey and tequila, bad court decision.