tag:blogger.com,1999:blog-9082156144028140004.post8222248743143686484..comments2024-03-13T04:04:32.568-07:00Comments on Sku's Recent Eats: The Sixth Circuit: A Federal Court that Knows its Bourbonskuhttp://www.blogger.com/profile/00487419662314518931noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-9082156144028140004.post-35095562454307600592012-05-12T07:48:48.631-07:002012-05-12T07:48:48.631-07:00Well, Maker's was founded around the time when...Well, Maker's was founded around the time when Pollock was painting. Coincidence? Who knows.skuhttps://www.blogger.com/profile/00487419662314518931noreply@blogger.comtag:blogger.com,1999:blog-9082156144028140004.post-30251094216309245462012-05-12T01:47:03.241-07:002012-05-12T01:47:03.241-07:00Understood, thanks! So it's the dripping. Remi...Understood, thanks! So it's the dripping. Reminds me of those pizzeria candlesticks ;-) - or dear Jackson Pollock. I think most spirit makers would consider it's a flaw when the wax drips down the neck and would redo the bottle. Fun to make a trademark attribute out of a flaw ;-). - S.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9082156144028140004.post-83521681862846101352012-05-11T18:49:19.167-07:002012-05-11T18:49:19.167-07:00Don't mess with the drippin' red wax!Don't mess with the drippin' red wax!sam knoreply@blogger.comtag:blogger.com,1999:blog-9082156144028140004.post-55725591776761619922012-05-11T12:19:39.089-07:002012-05-11T12:19:39.089-07:00Good question Serge. It was not just the red wax ...Good question Serge. It was not just the red wax that was at issue. Maker's Mark has a registered trademark for the dripping wax that appears on their bottles (note the similarity between the two bottles pictured). The dripping element is part of the trademark. <br /><br />Now, if an Armagnac had a dripping red wax seal, I assume they would have a potential problem in introducing that product into the US market, but the Court looks at numerous factors to determine if a trademark has been infringed upon and each situation is fact specific. The overall issue is whether there is a possibility that the similarity of the products will cause confusion. <br /><br />I should add that while I am a lawyer, I am not a trademark lawyer and am not familiar with all of the intricacies of that area of law.skuhttps://www.blogger.com/profile/00487419662314518931noreply@blogger.comtag:blogger.com,1999:blog-9082156144028140004.post-42642630034480434462012-05-11T10:52:52.515-07:002012-05-11T10:52:52.515-07:00Steve, congrats again on the milestone. What I don...Steve, congrats again on the milestone. What I don't quite get is if earlier spirits (or wines) that used to use red wax before Maker's Mark should now sue them in turn? Wouldn't that make sense? We could go back three centuries like that... For examples, there are many old brands of armagnac that have always used red wax and still do... Does all this mean that they can't sell to the US anymore?<br />-SergeAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-9082156144028140004.post-6414410431464354332012-05-11T06:40:26.591-07:002012-05-11T06:40:26.591-07:00Happy to see that bourbon has fans in high places!...Happy to see that bourbon has fans in high places!BMchttps://www.blogger.com/profile/05036354965069864586noreply@blogger.com