Maker’s Mark wins trademark battle against tequila company

Trademarks and custom labels are an important aspect to any business, this is especially true as craftsmanship and design have recently become popular amongst consumers and, therefore, companies. An example of this plight can be found in the conflict between two liquor companies.

In 1997, Diageo’s Mexica Casa Cuervo SA began making a brand of tequila known as “Reserva de la Familia” that would cost roughly $100 per bottle. The brand incorporated a dripping wax seal on its bottles, similar to the one on American whisky company Maker’s Mark’s bottles.

Maker’s Mark sued Diageo in Februrary of 2003 for damages and trademark infringement as the whisky maker trademarked the dripping wax seal in 1985, according to a post on by former CEO Bill Samuels, Junior on Inc.com.

Although Diageo discontinued the line in 2004, the litigation lasted for another eight years. Finally, this May, the 6th U.S. Circuit Court of Appeals ruled that Maker’s Mark can enforce its trademark on the dripping wax seal and that rivals can not use a similar seal.

Maker’s Mark lawyer Edward Colbert said in an interview with Reuters, that the ruling, “is important not just for the liquor industry, but for any business that adopts an attractive symbol to identify its products.”

The seal dates back to 1958, when Marjorie Samuels, grandmother of former CEO Bill Jr., dipped a bottle of Maker’s Mark into the family’s deep fryer containing the melted wax. Marjorie used her background as a designer and chemist to not only provide functional value to the red seal but also added pigments to the wax to increase its vibrancy and appeal.

The Samuels family may have added an additional element to their custom labels, but if other companies wish to produce labels that provide a custom trademark or differentiating factor, they may want to invest in a Primera LX900 series color label printer.