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Fortune Scores Win Over Dripping Red Wax on Bottles

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Fortune Brands Inc’s Maker’s Mark brand has won a ruling in U.S. district court in Kentucky that prohibits Jose Cuervo International and distributor Diageo¬† from using a dripping red wax seal on its tequila bottles, the company said on Monday.

Maker’s Mark, a premium brand of bourbon, is topped off with red wax in a design that is “off limits to our competitors,” said Maker’s Mark President Bill Samuels in a statement.

The ruling prohibits Jose Cuervo International Inc, its affiliates and the company’s U.S. distributor, Diageo North America, from the infringing use, Fortune said.

Diageo said it had voluntarily ceased using the wax seal over six years ago, adding in a statement that neither it nor Cuervo had been found liable for monetary damages.

Federal Judge John G. Heyburn III issued an injunction against future use, finding that consumers could be confused about Cuervo products, given the similar seal. (Reporting by Alexandria Sage; Editing by Bernard Orr and Carol Bishopric)

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