Recently, the United States Court of Appeals for the Fourth Circuit considered whether “gruyere” cheese can be registered as a trademark in the United States, or whether it is merely a generic term that is not entitled to trademark protection.

In its opinion in Interprofession du Gruyere v. U.S. Dairy Export Council, the court did not miss the opportunity for some cheesy puns. It also addressed several important issues concerning the evidence that is admissible to show genericness.

Background