The Second Circuit on Tuesday upheld a post-trial order requiring a spirits maker to redesign its bottles after a jury found they dilute Guinness beer maker Diageo’s trademark rights for its own whiskey brand. The decision affirms a prior ruling that the bottle design created confusion in the marketplace, potentially harming the brand recognition that Diageo has cultivated with its whiskey product.
This case highlights the vigilance required in protecting trademark rights, particularly in the competitive spirits industry. More details on this decision can be found here.