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Court Says: Bottle Presentation Matters

Dear Client: And it can be a part of a trademark, so says U.S. District Judge John G. Heyburn II. Thus, "Cuervo is prohibited from using the red dripping wax seal on any tequila product sold in the United States, including the Reserva," he said in his decision Friday. Maker's Mark was not, however, awarded damages. Says the court: "For the reasons explained below, the Court concludes that (1) Maker's Mark's red dripping wax trademark is valid; and (2) Cuervo's

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