Court weighs trademark on Maker's Mark wax seal

LOUISVILLE, Ky. (AP) - The dripping red wax seal atop a Maker's
Mark bottle makes the bourbon stand out on shelves. Three federal
judges are trying to decide whether the company can keep that

The U.S. 6th Circuit Court of Appeals in Cincinnati heard
arguments Thursday over whether Maker's Mark can keep the trademark on the capper or if other liquor companies can use a similar seal.

Maker's Mark in 2010 won an order awarding it exclusive rights
to the seal. Attorneys for London-based Diageo North America and
Casa Cuervo of Mexico argued that wax seals have been used for
centuries and Maker's Mark wasn't harmed by their use of it on a
special bottle of tequila.

Maker's Mark attorneys said the company has a valid trademark on
the wax seal.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

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