It’s been a strange brew at the Sixth Circuit this year, with a significant number of cases related to alcoholic beverages, presenting statutory, intellectual property, and constitutional issues. There have been five cases over the last year, with only one decision issued to date. Only one judge has been involved in more than one case so far — … Continue Reading
In an opinion rich with the history of bourbon, the Sixth Circuit held that Maker’s Mark’s signature trade dress element of its trademark, the red dripping-wax seal, was due protection. Maker’s Mark has used the red dripping-wax seal since 1958, and in 1980 registered a trademark of its trade dress. In 2001, Jose Cuervo’s began … Continue Reading
In our continuing coverage of cases that are making their way up to the Sixth Circuit, we noticed this recent appeal from the Western District of Michigan, Martha Elizabeth, Inc. v. Scripps Networks Interactive, LLC. The case pits an owner of a retail business specializing in products for the home chef that uses the trademark … Continue Reading