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The Kentucky bourbon, which dates its history back to 1933 and the end of Prohibition, has been keen to defend its trademark appearance ? the red wax seal. Photo: Maker?s Mark
16 April 2010

Fortune Brands scores victory over dripping red wax on bottles

Maker’s Mark, a premium brand of bourbon, is topped off with red wax in a design that is "off limits to our competitors," said Maker’s Mark President Bill Samuels in a statement.

The ruling prohibits Jose Cuervo International Inc, its affiliates and the company’s U.S. distributor, Diageo North America, from the infringing use, Fortune Brands said.

On 2 April 2010, Federal Judge John G. Heyburn III issued an injunction against future use, finding that consumers could be confused by Cuervo products, given the similar seal.