US court prevents French, Swiss groups from restricting use of 'gruyere' cheese label

The Richmond, Virginia-based 4th US Circuit Court of Appeals ruled that the name "gruyere" can be used to label cheeses from outside of the Gruyère region of Switzerland and France

In doing so, the court upheld a US Patent and Trademark Office (USPTO) ruling that "gruyere" can legally be used to describe cheese regardless of where it was made.

In 2015, Switzerland's Interprofession du Gruyère and France's Syndicat Interprofessionnel du Gruyère asked the USPTO to certify that gruyere cheese solely originates in the Gruyère region.

However, the USPTO denied the application after determining that the term "gruyere" refers to a particular sort of cheese and is therefore not a generic or protectable term.

The European groups appealed after a Virginia federal court upheld the ruling in 2021.

Reacting to the latest decision, the groups said they were disappointed and vowed to continue to "pursue vigorously" their efforts to protect the name.

The U.S. Food and Drug Administration has standards to certify gruyere cheese, but the court said they are "far less stringent" than Switzerland and France's and do not include geographic restrictions.