After seven years in the courts, a federal judge has ruled that a dripping red wax seal can only be used by Maker's Mark bourbon
. While no monetary damages were awarded, the judge issued an injunction to prevent Diageo and Casa Cuervo from using a dripping wax seal on their tequilas, specifically, their high-end tequila, Cuervo Reserva. Maker's Mark has held the trademark (pdf
) on the dripping wax since the 50s; Cuervo Reservo launched with their dripping wax design in 2001, after using a non-dripping wax seal in previous years. Call me a moron in a hurry, but these tequila bottles
really don't remind me of Maker's Mark one bit.
That said, the injunction won't really affect Cuervo that much right now, since they stopped the dripping wax design after 2007 in favor of a cleaner wax seal, but that might not even matter -- Maker's Mark filed
a second suit in 2009, alleging that even a non-dripping bottle still infringes upon their trademark. That suit seems even more ridiculous, since wax seals are commonly used to seal not just liquors
, but also anything from wine