直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

‘Cheese with Holes’: Gruyère's IP Woes in the US

March 14, 2023

World Intellectual Property Review

According to the U.S. Court of Appeals for the Fourth Circuit, Gruyère is simply a cheese with holes instead of a cheese exclusively made in the Gruyère region of Switzerland and France, upholding the U.S. Patent and Trademark Office’s ruling that ‘gruyere’ is a generic description for the cheese regardless of where it was made. Although U.S. dairy associations are pleased with the ruling, many European cheese makers are disappointed.

The decision highlights how different international markets operate. For example, the United States is not a member of the Lisbon Agreement, which gives international protection to geographically protected products. The case was considered under U.S. trademark law and how U.S. public and agencies used the word ‘gruyere’ versus how the word is perceived in Europe.

Finnegan attorney Patrick Rodgers told The World Intellectual Property Review, that, “the successful parties created a comprehensive—and persuasive—record of evidence showing that the U.S. general public who buy or consume cheese primarily understood the disputed term to refer to a general type of cheese, not a cheese made in a specific place in a specific way.” 

Patrick said, “The lynchpin of this evidence consisted of sales records showing ‘hundreds of thousands of pounds of cheese produced outside the Gruyère region of Switzerland and France’, which was sold in the U.S. labeled as such, along with references to common uses of the name in the media.”

Read “‘Cheese with Holes’: Gruyère's IP Woes in the US”

Related Practices

Global IP Enforcement, Litigation, and Trials

Trademark Litigation and Trials

Trademark and Brand Management

Related Industries

Consumer Goods and Services

Food and Beverage

Related Offices

Washington, DC

Related Professionals

Patrick J. Rodgers
Associate
Washington, DC
+1 202 408 4374
Email

Related News

Media Mention

Law360's Legal Lions of the Week: Volkswagen Group of America, Inc.

August 21, 2026

Commentary

Early Test of USPTO's Ex Parte Preorder Filing Leads to Re-Exam Denial

August 21, 2026

Press Release

USPTO Denies Super Lighting Reexamination Request Following PVTECH Pre-Order Submission Under New USPTO Procedure

August 19, 2026

Media Mention

Federal Circuit Backs Volkswagen’s $207,500 Fees Against NPE

August 19, 2026

Award/Ranking

Fourteen Finnegan Attorneys Named to the 2026 IAM Strategy 300 List

August 13, 2026

Award/Ranking

Finnegan Climbs Two Spots on The American Lawyer’s 2026: A-List Runners Up

August 12, 2026

Commentary

UK Patent Document Access Rules Raise Secrecy Concerns

August 12, 2026

Commentary

GenAI Patent Surge Extends Well Beyond Familiar Platform Firms

August 10, 2026

Commentary

U.S. Trademark Owners Turn to "Schedule A" as Blocking Bills Bypass Counterfeiting

August 5, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP