Gruyere cheese does not have to come from the Gruyere region of Europe to be sold under the gruyere name, a federal judge has ruled.
A consortium of Swiss and French cheesemakers from the region around the town of Gruyeres, Switzerland, sued in U.S. District Court in Virginia after the federal Trademark Trials and Appeals Board denied an application for trademark protections.
In a decision made public last week, U.S. District Judge T.S. Ellis ruled against the Swiss consortium, finding that American consumers do not associate the gruyere name with cheese made specifically from that region. While similar trademark protections have been granted to Roquefort cheese and Cognac brandy, Ellis said the same case can’t be made for gruyere.
“It is clear from the record that the term GRUYERE may have in the past referred exclusively to cheese from Switzerland and France,” Ellis wrote. “However, decades of importation, production, and sale of cheese labeled GRUYERE produced outside the Gruyère region of Switzerland and France have eroded the meaning of that term and rendered it generic.
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