Maker’s Mark Proposes Order to Protect Its Red Wax Drip Design

Maker’s Mark Distillery PBC agreed to end a trademark infringement suit in return for a federal court order barring a tobacco company from using Maker’s distinctive red wax irregular drip design on its cigar tubes.

Use of the distinctive mark on “The Bourbon Cigar” has caused consumer confusion and irreparably harmed Maker’s Mark, according to the proposed order filed by both sides Wednesday with Judge Greg N. Stivers of the US District Court for the Western District of Kentucky, following a December settlement conference.

Spalding Group Inc., which does business as Ted’s Cigars, had a license agreement with Maker’s Mark ...