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While the applicants for GRUYERE believed that the term should be used only to label cheese produced in the Gruyère region, the court held that it is a generic term for consumers and encouraged the USPTO and courts to look to FDA regulations as evidence in future disputes.
Court of Appeals for the Fourth Circuit affirmed a summary judgment grant in favor of the opposers of a certification mark application for the trademark GRUYERE to designate cheese that originates in the Gruyère region of Switzerland and France finding the term to be generic.
The US Court of Appeals for the Fourth Circuit affirmed a summary judgment grant in favor of the opposers of a certification mark application for the trademark GRUYERE to designate...