This move means that American cheese makers, and not just those in France or Switzerland, can continue to create and market cheese under the common name.

The cheese is named after the town of Gruyères, Switzerland.

In Europe, Gruyère obtained the status of Controlled Designation of Origin (AOC) in 2001. Although Gruyère is recognized as a Swiss Geographical Indication in the EU, Gruyère of French origin is also protected as a Protected Geographical Indication (IGP) in the EU. This cheese must prove that it comes from France and producers must ensure that it cannot be confused with Gruyère from Switzerland.

The AOP appellation of Gruyère has been recognized at European level since December 2011, when it was changed to Appellation d’Origine Protégée (AOP).

In the court ruling released last week, the Consortium for Common Food Names (CCFN), the US Dairy Export Council (USDEC), the National Milk Producers Federation (NMPF) and a coalition of other dairy stakeholders won their challenge to preserve the ability of producers in the US market to use generic terms.

Senior Judge TS Ellis III of the United States District Court for the Eastern District of Virginia upheld the August 5, 2020 case law decision of the Trademark Trial and Appeal Board of the United States Patent Office and trademarks (USPTO).

“Not only is this a historic victory for American dairy and cheese producers who offer Gruyere, but this victory sets a vital precedent in the much larger and ongoing battle over the names of foods in the States. -United “,said Jaime Castaneda, Executive Director of CCFN.

“The European Union has tried for years to grab common names such as Gruyère, Parmesan, Bologna or Château. This verdict confirms that we are on the right track in our fight on behalf of America’s agri-food producers to preserve their ability to use long-established generic names.Have

“French and Swiss Gruyère producers already have access to the American market and the use of distinctive brand logos. “

“In fact, the Swiss association has already filed a logo certification mark with the USPTO for ‘Le Gruyère Suisse AOC’ to help it uniquely brand Swiss Gruyère. Despite this, the two foreign associations appealed the USPTO’s decision to federal court last year.Have

“This is a huge victory for common sense and for hard-working manufacturers and dairy farmers.”said Krysta Harden, President and CEO of USDEC.

“When a word is used by multiple businesses in multiple stores and restaurants every day for years, like Gruyere has been, that word is generic and no one has the exclusive right to use it. We are delighted that Justice Ellis saw this simple situation so clearly and upheld the finding of the USPTO’s Trademark Trial and Appeal Board that Swiss cheese is an established umbrella term.Have

“NMPF continues to firmly oppose any attempt to monopolize generic names like Gruyère and reject blatant European market share gains designed to limit competition,”said Jim Mulhern, President and CEO of NMPF.

“Today’s announcement is a historic victory for American dairy farmers and the commonly known cheeses they produce and sell around the world.Have