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.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2017/06/diageo-bulliet-complaint-1.pdf”]