Diageo (BULLEIT) v. W.J. Deutsch (REDEMPTION) re Trade Dress in Old-Timey Bottles of Bourbon

bulliet redeption trade dress

Diageo defines its Bulleit Design Mark and Trade Dress as:

a. Clear canteen-shaped glass bottle with rounded shoulders;
b. Embossed brand name above the label;
c. Arched text in the top line of the embossed brand name;
d. Convex text divider between components of the embossed brand name (e.g. BULLEIT BOURBON speared from FRONTIER WHISKEY);
e. Arrow-shaped text divider on the label;
f. Border of parallel lines on the label; and
g. Cork bottle cap with black top.

Defendant has indicated that its packaging was intended to pay visual homage to pre-Prohibition spirits containers.

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