The 6th Circuit Court of Appeals has upheld a lower court ruling that Maker's Mark alone is allowed to use the dripping wax seal. You'll recall this case has been dragging for some time. In April 2010 a district judge ruled in favor of Maker's and issued an injunction preventing Cuervo (or any other distiller for that matter) from doing the same, even though Cuervo had stopped using the red wax seal on its Reserva tequila brand years earlier. Diageo and Cuervo appealed that decision, arguing that Maker's "red dripping wax seal is aesthetically functional, and therefore the mark is not enforceable."