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A Big Win For Maker’s Mark

LOUISVILLE, Ky. — The dripping red wax seal on a bottle of Maker’s Mark is not only distinctive, it’s now exclusive legal property of the bourbon company.

A federal judge on Friday issued an injunction preventing a rival liquor company from using a dripping wax seal on its tequilas sold in the United States, ending a seven year legal battle over the bottle topper.

The ruling by U.S. District Judge John G. Heyburn II comes in a long-running lawsuit between Maker’s Mark and competitors Diageo North America and Casa Cuervo over the Fortune Brands trademark on the wax seal. Deerfield, Ill.-based Fortune Brands owns Maker’s Mark.

“The Court considers the red dripping wax seal inherently distinctive, because it is a unique mark used in an unusual way to draw in the consumer,” Heyburn wrote.

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