I commented recently on litigation involving Maker’s Mark Bourbon and its distinctive red wax seal. Understandably, Maker’s Mark did not want competitors to use red wax with their beverages as it would create a false association in the mind of the consumer and dilute the brand. And the court agreed. But at what cost? While I am not privy to the fees expended by the parties in the litigation, I suspect it was well north of six figures.
While the cost (at least for Maker’s Mark) was likely well worth it, I turn evermore to Abraham Lincoln’s admonition to “discourage litigation.” It is with that in mind that I toast a “cease and desist” letter sent by an attorney for Jack Daniel’s as reported in The Atlantic by Megan Garber.
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