Tag: gruyere cheese

U.S. Cheese Producers Win Major Victory with Gruyere Ruling

Posted on by Theresa Sweeney

U.S. cheese producers won a significant victory March 3 when the U.S. Court of Appeals for the Fourth Circuit ruled that “gruyere” is a common name for a variety of cheese, and not a designation of geographic origin.

The win came after intense efforts by the NMPF trade policy team, working with the U.S. Dairy Export Council (USDEC) and the Consortium for Common Food Names (CCFN) to secure the key legal victory against French and Swiss groups seeking to appropriate the name “gruyere” in the U.S. market. The ruling means that U.S. gruyere producers can continue to market and sell gruyere in the United States. It also sets an excellent precedent that helps ensure common food names will be protected domestically against EU efforts to erect nontariff trade barriers by appropriating them for their exclusive use.

Capturing the momentum from the Court of Appeals’ ruling, the trade policy team, who also staff CCFN, will continue to work alongside USDEC to secure firm and clear commitments assuring the future use of common cheese names at risk of EU confiscation. CCFN release a video in March explaining the organization’s work and challenges; learn more about CCFN’s work by watching it here.

Court of Appeals Extends Huge Victory for Worldwide Producers of “Gruyere”

Posted on by Theresa Sweeney

Today, the National Milk Producers Federation (NMPF), Consortium for Common Food Names (CCFN), U.S. Dairy Export Council (USDEC), and a coalition of other dairy stakeholders prevailed in their ongoing battle to protect the right of producers to use generic names in the U.S. market.

The U.S. Court of Appeals for the Fourth Circuit upheld the prior decisions of the U.S. District Court for the Eastern District of Virginia and of the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board in finding “gruyere” to be a generic term for a variety of cheese. The Fourth Circuit’s clear decision should put an end to the attempt by Swiss and French consortiums to expropriate a common food name through a U.S. certification mark registration.

The Fourth Circuit found that the evidence “is ‘so one-sided’ that there is no genuine issue as to any material fact and Opposers must prevail as a matter of law. “ The Court reasoned that the “the common usage of gruyere ‘establish[es] that when purchasers walk into retail stores and ask for [gruyere], they regularly mean’ a type of cheese, and not a cheese that was produced in the Gruyère region of Switzerland and France.“  The Fourth Circuit concluded that “the Consortiums cannot overcome what the record makes clear:  cheese consumers in the United States understand ‘GRUYERE’ to refer to a type of cheese, which renders the term generic.”

For over a decade, well-resourced European interests have attempted to confiscate common names to prevent non-European producers from using long-established generic terms, essentially monopolizing the ability to produce certain products for producers in limited and specific regions.

This decision reinforces that generic terms like “gruyere” refer to types of food, and a method of production regardless of where they are produced.

“The United States remains a bastion for the defense of consumers’ and producers’ property rights that have been trampled in Europe and many countries around the world,” said Jaime Castaneda, executive director for CCFN. “The court has sent a clear message that European attempts to stop American producers from using generic food names in the U.S. will be firmly rejected. It is a momentous victory for American consumers, farmers and food manufacturers.”

Gruyere Declared a Common Cheese Name, Thwarting EU

Posted on by Theresa Sweeney

After over a year of sustained effort by NMPF and a coalition of other dairy stakeholders, the Federation celebrated a U.S. District Court ruling made public on Jan. 6 that “gruyere” is a common food name in the United States.

This victory was spearheaded by NMPF’s trade policy team, who also staffs the Consortium for Common Food Names (CCFN) and the U.S. Dairy Export Council’s (USDEC) trade policy activities, including USDEC’s work on this case. The team prevailed in securing a decision from Senior Judge T.S. Ellis III that upholds a 2020 U.S. Patent and Trademark Office’s ruling that gruyere is a generic term that cannot be trademarked as a term exclusive to French and Swiss producers.

“Not only is this a landmark victory for American dairy farmers and cheese producers who offer gruyere, this win sets a vital precedent in the much larger, ongoing battle over food names in the United States,” said Jaime Castaneda, NMPF Executive Vice President for Policy Development & Strategy and CCFN Executive Director. “The European Union has tried for years to monopolize common names such as gruyere, parmesan, bologna or chateau. This verdict validates that we’re on the right path in our fight on behalf of American food and wine producers to preserve their ability to use long-established generic names.”

The court determined the arguments of the French and Swiss associations were “insufficient and unconvincing” and the defendants presented “overwhelming evidence that cheese purchasers in the United States understand the term GRUYERE to be a generic term which refers to a type of cheese without restriction as to where that cheese is produced.” Despite this, the Swiss and French associations filed their intent to appeal the ruling on January 7. This decision however, positions U.S. dairy farmers and cheese producers well as NMPF prepares to work with CCFN and USDEC to defend this positive ruling and the powerful it sets for other generic dairy names.

Judge Rules “Gruyere” is a Common Food Name and Not a Term Exclusive to Europe

Posted on by Theresa Sweeney

A judicial ruling has determined that “gruyere” is a generic style of cheese that can come from anywhere. The decision reaffirms that all cheesemakers, not just those in France or Switzerland, can continue to create and market cheese under this common name.

In the judicial decision made public yesterday evening, the Consortium for Common Food Names (CCFN), U.S. Dairy Export Council (USDEC), National Milk Producers Federation (NMPF), and a coalition of other dairy stakeholders prevailed in their sustained fight to preserve the ability of all actors in the U.S. marketplace to use generic terms.

Senior Judge T. S. Ellis III of the United States District Court for the Eastern District of Virginia upheld the August 5, 2020, precedential decision of the U.S. Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board.

“Not only is this a landmark victory for American dairy farmers and cheese producers who offer gruyere, this win sets a vital precedent in the much larger, ongoing battle over food names in the United States,” said Jaime Castaneda, executive director for CCFN. “The European Union has tried for years to monopolize common names such as gruyere, parmesan, bologna or chateau. This verdict validates that we’re on the right path in our fight on behalf of American food and wine producers to preserve their ability to use long-established generic names.”

According to the Court’s decision, the arguments of the French and Swiss associations were “insufficient and unconvincing” and CCFN presented “overwhelming evidence that cheese purchasers in the United States understand the term GRUYERE to be a generic term which refers to a type of cheese without restriction as to where that cheese is produced.”

Meanwhile, Europe continues its aggressive and predatory efforts to confiscate names that entered the public domain decades ago. The latest attack was launched by the French and Swiss gruyere associations which had sought to register “Gruyere” as a certification mark in the United States, thereby enabling them to prevent use of the generic term by others in the U.S. marketplace. The USPTO determined last year that the application should be denied, in the process upholding the widespread generic use in the U.S. of the term “gruyere.”

“French and Swiss gruyere producers already have access to the U.S. market and the use of distinctive trademark logos,” noted Castaneda. “In fact, the Swiss association has already registered a logo certification mark with the USPTO for ‘Le Gruyère Switzerland AOC’ to help it uniquely brand Swiss gruyere. Despite this, both foreign associations appealed the USPTO’s ruling to the federal court last year.”

With support from USDEC and NMPF, their member companies, and non-member companies that contributed to supporting the opposition, CCFN dedicated extensive time and resources throughout the appeal process to demonstrate the extensive use of gruyere in the U.S. marketplace and persuasively argue that all cheesemakers and their customers should retain their rights to continue to produce and sell gruyere in the United States.

“This is a huge victory for common sense and for hard-working manufacturers and dairy farmers,” said Krysta Harden, USDEC president and CEO. “When a word is used by multiple companies in multiple stores and restaurants every day for years, as gruyere has been, that word is generic, and no one owns the exclusive right to use it. We are gratified that Judge Ellis saw this straightforward situation so clearly and upheld the USPTO Trademark Trial and Appeal Board’s finding that gruyere is an established generic term.”

“NMPF continues to firmly oppose any attempt to monopolize generic names like gruyere and to reject blatant European market-share grabs designed to limit competition,” said Jim Mulhern, NMPF president and CEO. “Today’s announcement is a landmark win for American dairy farmers and the commonly named cheeses they produce and sell around the world.”

CCFN, USDEC, and NMPF support valid geographical indications (GIs) – compound names associated with specialized foods from regions throughout the world – when used in good faith rather than to establish unfair trade barriers to the sale of common name foods and beverages.