Diageo owns a registration for the mark CROWN ROYAL for whiskey. Diageo has sold its CROWN ROYAL whiskey in a purple drawstring bag for many years. When Mexcor started selling a line of state-themed whiskies under marks such as Texas Crown Club and California Crown Club, each in a drawstring bag bearing each state’s flag, Diageo sued Mexcor for infringement of its CROWN ROYAL trademark and its trade dress in its drawstring bag packaging.
Click here to view the image
The jury ruled in favor of Diageo, finding trademark and trade dress infringement. The jury also awarded Diageo over $400,000 in damages. The Court has not yet issued its detailed orders on injunctive relief.
Diageo North America, Inc. v. Mexcor, Inc. et al., Case no. 4:13-cv-00856 (United States District Court for the Southern District of Texas, December 2014).