MAKER'S MARK WINS TRADEMARK PROTECTION FOR SIGNATURE RED WAX SEAL
U.S. Appeals Court Upholds Lower Court Ruling Protecting Distinctive Maker's Mark Trademark
Loretto, Kentucky, May 9, 2012 - The United States Court of Appeals for the
6th Circuit today upheld a U.S. District Court ruling protecting the registered
trademark for Maker's Mark's signature dripping red wax seal. The ruling is a
decisive victory for Maker's Mark (NYSE: BEAM) in a trademark dispute dating to
2003, and upholds an injunction prohibiting Jose Cuervo International, Inc., its
affiliates and Cuervo's United States distributor Diageo North America from the
use of a dripping red wax seal on any Cuervo tequila product. The appeals court
ruling also upheld the lower court's ruling in awarding costs to Maker's Mark
for its pursuit of the injunction.
"This decision is a resounding
affirmation that our unique dripping red wax seal is a trademark of Maker's Mark
and is off limits to competitors," said Rob Samuels, chief operating officer of
Maker's Mark. "My grandmother dipped the first bottle of Maker's Mark in red
wax, and it's been our signature trademark ever since. We've been confident in
our position all along, and today's outcome confirming that our unique trade
dress cannot be infringed is great news for fans of Maker's Mark, those who
handcraft our bourbon, and those who individually dip each bottle every day."
Today's appeals court ruling upheld an April 2, 2010 opinion by Federal Judge
John G. Heyburn II of the United States District Court for the Western District
of Kentucky. Maker's Mark was represented in this litigation by a team from the
law firm of Kenyon & Kenyon of Washington, D.C. led by Edward T.
Colbert.
About Maker's Mark® Bourbon
In 1954, at a small Victorian distillery in Loretto, Kentucky, Bill Samuels,
Sr., made the first 19 barrels of a totally new whisky, using pure, iron-free,
limestone spring water and a mash consisting of yellow corn, barley and red
winter wheat that, when aged-to-taste over the next six years, would become
Maker's Mark bourbon. Mr. Samuels created a bourbon that brought "good taste"
and "taste-good" together for the first time and, in so doing, heralded the
modern era of bourbon. In 2010, in tribute to his father's spirit of innovation
Bill Samuels, Jr., unveiled Maker's 46, a totally new bourbon which reflects the
distinct character of Maker's Mark but has a bigger, bolder and full bodied
taste that is luscious without any hint of bitterness. Today, Maker's Mark
continues to hand make its bourbon exactly the same way Bill Samuels, Sr., did
almost 60 years ago, in small batches by skilled craftsmen who hand-cut each
label and hand-dip each bottle. Maker's Mark bourbon whisky (45% alc./vol.) and
Maker's 46 (47% alc./vol.) are distilled, aged and bottled by the Maker's Mark
Distillery, Inc., in Loretto, Kentucky. In 1980, the distillery was designated a
National Historic Landmark, becoming the first distillery in America to be so
recognized, and has also been decreed as the "world's oldest operating bourbon
whisky distillery" by Guinness World Records. The Maker's Mark Distillery is one
of the Commonwealth of Kentucky's most popular tourist destinations, attracting
more than 100,000 visitors each year.
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