Maker's Mark Distillery, Inc. v. Diageo North America, Inc.
United States Court of Appeals for the Sixth Circuit
679 F.3d 410 (2012)
Maker's Mark Distillery (plaintiff) had used and federally trademarked a distinctive red dripping wax seal on its bourbon bottles since 1958, advertising extensively around the seal, which Business Week called 'one of the most recognizable branding symbols in the world' by 2002. When Diageo North America (defendant) began selling a Jose Cuervo tequila using a similar red dripping wax seal, Maker's Mark sued for infringement; neither side presented evidence of actual consumer confusion, and the district court ruled for Maker's Mark, with Diageo appealing the findings on mark strength, similarity, and actual confusion.
Whether a trademark infringement plaintiff must show the defendant's use of the registered mark is likely to cause confusion as to the parties' association or the origin of the goods or services.