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