Michael Atkins - Seattle Trademark Lawyer

Recommend Dripping Wax Seals Aren't Just for Bourbon Anymore (Email)

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After Maker’s Mark’s solid trade dress victory this summer against Jose Cuervo — in which the Sixth Circuit upheld the district court’s finding the dripping red wax seal was an “extremely strong” trademark that had been infringed — it’s notable to see some dripping wax seals in the beer aisle. (I was there completely by accident, I assure you.)

Now, beer isn’t bourbon, and these seals aren’t red, but it will be interesting to see if Maker’s cries foul. I’m not saying it should, but on the heels of such a nice win, I wouldn’t be surprised if it tried to flex its muscle beyond hard liquor.

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Copyright © 2006-2021, Michael G. Atkins. All rights reserved. I'm a partner and Seattle intellectual property attorney at Atkins Intellectual Property, PLLC, where I focus my practice on issues involving the Lanham Act, including trademark infringement, unfair competition, trade dress infringement, trademark dilution, false designation of origin, counterfeiting, cybersquatting, trademark licensing, trademark applications, trademark registrations, the U.S. Patent and Trademark Office (PTO), and the U.S. Trademark Trial and Appeal Board (TTAB). Thanks for checking out my blog. Please visit again soon!