‘Gruyere’ can be used to describe US-made cheese, court rules
Appealing against a previously-upheld decision, Switzerland’s Interprofession du Gruyère (IDG) and France’s Syndicat Interprofessionel du Gruyère (SIG) argued that the word ‘gruyere’ should only be used to label cheese produced in the Guyére region of Switzerland and France.
The term ‘gruyere’ is protected in Europe under the PDO (protected designation of origin) and the PGI (protected geographical indication) marks, but parallel protections do not exist in the US. Instead, the FDA uses a ‘standard of identity’ that describes the requirements cheesemakers must meet in order to have their cheese labeled as ‘gruyere’. But the standard, which has been in use since 1977, does not impose geographical restrictions, meaning that cheese regardless of its location of production had been sold as ‘gruyere’ in the US for decades .
In a bid to restrict how the term is used by retailers and producers, the European consortiums applied to the US Patent and Trademark Office (USPTO) to register ‘gruyere’ as a certification mark – but their application was met with opposition by the US Dairy Export Council, food importer Atalanta Corporation, and Intercibus Inc., who argued the term was ‘generic and therefore ineligible for such protection’.
The application was denied by the USPTO, and a subsequent appeal in a US district court saw that decision upheld. On March 3, 2023, the US Court of Appeals also ruled that the word ‘gruyere’ was generic stating:
“Like a fine cheese, this case has matured and is ripe for our review. For the reasons to follow, we conclude that the term ‘GRUYERE’ is generic as a matter of law and affirm the decision of the district court.”
A 13-year legal wrangle
The case over how the firm, nutty-flavored cheese should be labeled in the US has roots dating back to 2010, when IDG first applied to register ‘le gruyere’ as a certification mark applicable to cheese made in the Swiss Gruyére region. After the USPTO…
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