ALERT
3rd Quarter 2015
Chairman's Message
Heads Up:
U.S. Market Under Target
If you're a U.S. company - or a company that
does business in the United States - and think that this is one
place where common food names remain safe and sound,
think again. We already know about restrictions in EU trade
deals that are impacting U.S. food exporters - think of
restrictions on generic terms that have sprung from EU deals
with Costa Rica, Canada and Korea, among others. And of
course the EU would be happy to insert similar restrictions in
the Transatlantic Trade and Investment Partnership (TTIP),
though to date the U.S. government has emphatically pushed
back on these attempts.
But there is other evidence that
the battle over generic food
terms has reached U.S. soil.
European GI holders particularly those in Italy - have
made it clear that they want to
take away what we all have
worked so hard to develop in the
U.S. and elsewhere: great
products with a great variety of
uses. Their goal is to obtain a
larger share of the U.S. market for cheeses, meats, wines
and specialty products that bear generic names of foods that
originated in Europe - such as "asiago" and "bologna". We
must vigorously fight for ownership of these generic names
to show once and for all that the U.S. will not hesitate in
defending our markets and our rights.
One avenue some GI holders are taking is through
aggressive trademark claims. Last year the U.S. Patent &
Trademark Office (USPTO) rejected a certification mark for
"asiago" that Italian asiago GI holders had filed in order to
seek exclusive use of that term in the U.S. market.
Nevertheless, some CCFN members and other U.S.
companies reportedly received threatening letters from the
Italian GI holders' organization suggesting that U.S asiago
producers are at risk of being sued. One U.S. company has
for several years had a trademark for "Cello Asiago", but the
Italian Asiago Consortium is working to strip that away from
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Support and
Successes
WIPO Feels Push-Back from Flawed
Lisbon Agreement:
U.S. Congress Chastises WIPO on
Lisbon Agreement - CCFN
commended U.S. Congressional
leaders in July for urging fixes to a
treaty that could limit the use of
generic food names in export markets
and impact the sales of cheeses,
meats, wines and a wide range of
other products. Recent revisions to
the Lisbon Agreement for the
Protection of Appellations of Origin
expand it to also encompass
geographical indications (GI)
protections and likely impose greater
limitations on certain common food
names by granting their use
exclusively to a specific region or
country.
"Because of the
flawed process
and outcome, we
believe that the
result of the
Agreement
cannot be viewed
as a legitimate
international agreement," a bi-partisan
group of Congressional committee
leaders wrote in a strongly worded
letter to the Director of the World
Intellectual Property Organization
(WIPO).
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[Chairman’s Message, continued…]
them and simultaneously arguing via its own certification
mark application that no one else should be able to use the
name "asiago". Some U.S. cheese companies recently
received temporary, negative replies to their trademark
application requests from the USPTO in light of continued
Italian efforts to register "asiago" for their sole use.
Separately, multiple U.S. companies have also received
notices threatening action if they don't stop labeling their
cheeses as "gruyere", even though this, too, has long been a
generic term in the United States.
CCFN encourages any U.S. companies receiving such letters
to have their legal experts review the situation, and to contact
CCFN to alert us and to coordinate a response. The EU GI
interests appear to be using legal threats to try to convince
generic users of various common names to voluntarily
abandon use of these terms.
Meanwhile, expect to see TV ads, social media and other
publicity break soon in the United States for the "Made in
Italy" campaign, in which the Italian Trade Commission
decries the "piracy" of the Italian heritage in food products.
The vast majority of the products decried as "fake Italian"
employ legal names, terms, colors and images that are in
common usage, and that celebrate the Italian heritage that
has naturally spread throughout the world as Italians
immigrated to the U.S. and other countries. The most
common "fake" products cited by the Italians include cheeses
- especially asiago and parmesan, boxed and fresh pasta,
pasta sauces, canned tomatoes and preserved tomatoes,
olive oil, vinegars, meats and cold cuts.
To address their concerns, some Italian officials are calling
for actions that include stronger international GI protections,
as well as legal remedies through use of trademark and
unfair competition laws, which could potentially be wielded
against products that don't even possess GIs. But most
examples cited so far seem well within the bounds of
standard and lawful marketing techniques!
Let's be clear: These efforts to claim generic terms are not
about widespread abuse of GIs or trademarks, but rather an
attempt to eliminate competition and gain market share. The
battle for generic names has landed in the U.S., with more
drama sure to come. U.S. food manufacturers would be wise
to pay attention!
[Support and Successes, continued…]
"We are very concerned that parties
to this agreement will implement it in a
manner inconsistent with existing
international trade obligations,
including under the World Trade
Organization's Agreement on TradeRelated Aspects of International
Property Rights." The letter urged
WIPO to "take appropriate steps to
rectify the funding situation and to
implement the agreement in a fair and
balanced way that adequately
protects the interests of trademark
owners and users of generic names."
"We know the agreement is aimed at
limiting global competition," said
CCFN Executive Director Jaime
Castaneda, "and we applaud these
Congressional leaders for speaking
up and seeking a fair deal that
protects the interests of food
producers and consumers around the
world." Read more.
Lisbon Fall-Out Stalls WIPO Budget
Talks - That same week, according to
the IP-Watch news service,
representatives from the U.S., Korea
and other nations raised concerns
during a meeting of the WIPO budget
committee meeting in July about the
practice of combining the budgets of
the Lisbon and Madrid systems. The
U.S. argued that the Lisbon
Agreement program has never paid
for itself and is subsidized by other
WIPO instruments, even though
Lisbon only benefits a small number
of WIPO members. The issue clearly
surfaced as a result of recent Lisbon
revisions regarding GIs, "a divisive
issue among WIPO members." The
U.S. said it would not be able to agree
to the biennial budget until this
concern is addressed.
Errico Auricchio
CCFN Chairman
[Continued next page]
Page 3
Current Threats and New
Restrictions
Made in Italy Campaign Comes to the
U.S. - The Italian Trade Commission is
launching a $25 million campaign in the
United States attacking "Italiansounding" products that it claims are
misrepresenting their actual non-Italian
nature - from pasta sauce to wines. The
campaign (www.ItalianMade.com)
includes television ads, social media,
public relations and trade show
participation. The campaign is an
outgrowth of an earlier Italian government report fingering
products such as Wishbone Italian salad dressing and Chef
Boyardee Spaghetti & Meatballs for usurping rightful Italian
market share. Through the campaign, the very action of
evoking the Italian heritage is attacked by the campaign as
somehow illegitimate, drawing the line further away from
actual GI protections for unique terms and making clearer
that the real driver here is to try to inappropriately discredit
the competition. In CCFN's view, the campaign also
assumes consumers are very easily misled and unable to
read labels. Just as most consumers don't assume all
"parmesan" comes from Italy, it seems highly doubtful that
most consumers believe all pasta sauce is imported from
Italy. The "Made in Italy" campaign has been running in
Canada since the beginning of the year. Read more.
CCFN Comments on Philippines' New
Draft of GI Regulations - CCFN filed
comments in June with the Philippine
government expressing concern that its
latest round of draft GI regulations falls
short of adequately protecting common
food names. A CCFN representative
spoke at a government hearing on the proposed guidelines,
pointing out that an unbalanced approach to implementing
the regulations would risk negatively impacting trading
partners and certain domestic food sectors in the Philippines.
Representatives from Australia, Chile and Switzerland also
expressed concerns at the hearing that the proposed
regulations would inappropriately benefit EU exporters over
other suppliers and local companies.
CCFN Asks South Africa for
Clarification on GIs: In August CCFN
filed comments with the Office of the
U.S. Trade Representative
(USTR) underscoring the importance of
having full clarity from South Africa on
the scope of protection that nation will
grant to
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[Support and Successes, continued…]
CCFN Members
Meet with WIPO
Director General Shortly prior to
these
developments,
CCFN members
met with the WIPO
Director General Francis Gurry on his
GI-focused visit to Washington, D.C.,
to express concerns about problems
with the process surrounding adoption
of the new Lisbon Agreement
revisions on GIs and the resulting
outcomes. CCFN also critiqued
WIPO's GI-related commentary and
events as being biased towards GI
holders. "This was a good discussion,
and we're hopeful for a more
balanced process in future, especially
in terms of WIPO activities and
communications on these topics," said
CCFN Senior Director Shawna Morris.
CCFN Thanks U.S. Government CCFN also sent a letter to the Office
of the U.S. Trade Representative,
Department of Commerce and the
State Department in appreciation for
the extensive work the U.S.
government undertook in connection
with the Lisbon Agreement revisions
debate. "[T]his battle is one we view
as critical," wrote CCFN Executive
Director Jaime Castaneda. We remain
deeply concerned that the revised
Lisbon Agreement will give GI holders
an unfair commercial advantage in
markets around the world at the
expense of common name users such
as the many U.S. companies relying
on these terms. It is to the credit of the
devoted and talented staff at USTR
and DOC, operating in concert with
the State Department, that the U.S.
government recognized this threat
and took extensive steps to do
everything possible to combat this
challenge."
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[Current Threats and New Restrictions, continued…]
[Support and Successes, continued…]
certain geographical indications (GIs) as part of its EU trade
agreement. CCFN stressed the importance of avoiding the
creation of new barriers to trade. Last year, South Africa
moved quietly to propose new restrictions on the use of a
number of food names in connection with a list of GIs as part
of its EU trade deal. CCFN would like the U.S. government to
help secure "a clear and final decision" on whether GI
restrictions would impact the use of common terms such as
"bologna", "gouda" and "parmesan" that form part of a multiword GI or are similar to elements of the GI. CCFN also
asked USTR to seek explicit protection of some generic
names such as feta, which "has been widely produced in
South Africa for decades, making it a pervasively generic
term in that country," CCFN notes.
CCFN Helps
Keep "Greek
yogurt" Generic
in El Salvador: In
July CCFN
achieved success
in El Salvador on
an objection it filed
last summer against a company seeking to
register a trademark for the name "Greek
yogurt". We remain vigilant in monitoring
for other such activities in key markets
around the globe.
Costa Rica Maintains Restrictions - CCFN's appeals on
restrictions for using the terms "manchego" and "fontina"
have been rejected. This latest news comes on the heels of
Costa Rica's decision earlier this year to uphold its decision
to block generic use of "parmesan" and "provolone". CCFN
continues to evaluate further legal options on these names,
as well as ongoing effort to secure generic assurances
regarding "mozzarella" and "romano".
Items of Interest
EU Leaked Talking Points Reflect Continuing Disconnect
in GI Discussion - A leaked document laying out EU talking
points on the geographical indications (GI) issue for
negotiations on the Transatlantic Trade and Investment
Partnership (TTIP) reflects a continuing disconnect between
EU statements and actions. It also helps demonstrate the
effectiveness of CCFN in articulating problems with the EU's
attempted encroachment on generic names.
For example, in the document the EU once again insists that
certain names such as "cheddar", "bologna" and "provolone"
are "not protected", yet the EU's actions demonstrate that its
list of names and scope of protection is ever-expanding. In
the case of "provolone", for example, the EU claims it is
generic yet filed legal materials trying to block usage of the
term for both local companies in -- and exporters to -- Costa
Rica. And who would have predicted that the EU would give
Greece the exclusive right to use the term "feta"? That
[Continued next page.]
APEC Panel Features CCFN Member Jeff Schwager, president of Sartori Foods
and CCFN Member, participated on a
panel of the Asia-Pacific Economic
Cooperation (APEC) organization June 8 in
Atlanta, specifically looking at the topic of
non-tariff barriers that are labeling issues,
including the abuse of geographical
indications (GI). Schwager's comments
focused on the escalating nature of the
problem throughout the APEC region and
the need for a measured approach to GI
protections in order to avoid running afoul
of existing international commitments.
CCFN Member Comments on TTIP in
Brussels - The U.S. Dairy Export Council
(USDEC), a CCFN member and leading
funder, spoke during the stakeholders
session of the July round of the
Transatlantic Trade and Investment
Partnership (TTIP) negotiations. A key part
of USDEC's comments focused on the
importance of preserving rights to use
common food names. U.S. and EU
negotiators are trying to wrap up the
complex TTIP deal in the coming months,
with geographical indications cited
as currently being one of the stumbling
blocks. USDEC pointed out that a
continued creep in EU limitations on
common names -- both within the EU and
in export markets -- is the core factor
driving this troubling dynamic.
[Continued next page]
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[Support and Successes, continued…]
[Items of Interest, continued…]
More Great Media Coverage:
 What's in a name? U.S, EU battle
over 'feta' in trade talks - EU
Reuters
(7/24/15) Reuters
notes that
negotiators talk of
"accelerated
progress and hope
to thrash out a
skeleton agreement on a
Transatlantic Trade and
Investment Partnership (TTIP)
within a year, aiming for a major
boost to growth in the advanced
Western economies. But
geographical indications (GIs), a
1,200-long list ranging from
champagne to Parma ham,
present a major headache."...
"Show me on the map where feta
is?" asked one U.S. trade
negotiator... "There's nothing
wrong with GIs, but is something a
true GI or just a method of
production?" said CCFN executive
director Jaime Castaneda. Ron
Buholzer, president of CCFN
member Klondike Cheese Co.,
which makes award-winning feta
and muenster cheeses, is also
quoted, deeming it outrageous that
anyone would claim sole
ownership of these names. "This is
an economic issue for us, certainly,
but it's also personal - it's about
what's right and fair," Buholzer
said. The article went on to point
out that, "The United States says
the EU system is unfair because
many American producers of
traditional products are immigrants
from Europe or their descendants,
such as the Buholzer family. It
also notes that EU members have
had doubts [about the system]."
Denmark would try to gain exclusive right to use the term
"havarti", despite supporting an international Codex standard
for the name just a decade ago? That registration of the
name Parmigiano Reggiano would be interpreted as
preventing the use of the term "parmesan"? Or that the EU
would try to monopolize the use of common wine terms such
as "classic" or "vintage"?
Unfortunately the EU continues to miss the point. The issue is
not philosophical opposition to GIs, but the fact that generic
terms cannot be owned by the EU and that the EU is
consistently pushing the envelope through its GI system and
free trade agreements to stamp out more and more
commonly used food terms. The scope of protection for EU
registrations is often unclear, and the EU routinely seeks
trade agreement language that can result in an even broader
scope of protection from its trading partners.
UnCommon Hero
A profile of one of the heroes who protect and promote
common food names
Ed Townley
CEO, Agri-Mark
www.agrimark.coop
One of the best-known and wellloved cheese names in the United
States is "Cabot," a brand that evokes
the farm families and rich cheesemaking traditions of Vermont and the
rolling rural countryside of the
Northeast. While Cabot is best known
as award-winning cheddar cheese, the
Agri-Mark cooperative also offers a full array of cheeses,
butter, yogurt and other dairy products using both the Cabot
and McCadam brands.
Agri-Mark, which just celebrated its 100-year anniversary in
2013, markets milk from 1,200 dairy farm families in New
England and New York and has annual sales of $1.1 billion.
Agri-Mark is the first dairy cooperative in the U.S. to gain BCorp Certification. B Corps are certified by the nonprofit B
Lab to meet rigorous standards of social and environmental
performance, accountability and transparency.
When it comes to protecting generic terms, high on Cabot's
list is its ability to use the common names "cheddar,"
"muenster" and "Greek yogurt". It has won numerous awards
for its high-quality products in all three categories. While so
far "cheddar" has not been directly threatened by the
[Continued next page]
[Continued next page]
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[UnCommon Hero, continued…]
European Union's (EU) efforts to over-extend geographical
indication protections, Agri-Mark is well aware that the line
keeps moving and, for now, no term with roots in Europe can
be deemed safe. The name "muenster," which Cabot
produces out of its Chateaugay, N.Y., plant, was targeted for
new restrictions by the EU in its free trade agreement with
Canada, and countries are banned from shipping muenster to
the EU.
[Support and Successes, continued…]

Don't move my cheese - Politico
(7/20/15) The article, in the wellread Washington, D.C.,
publication, captures the debate
around GIs and common names
and how it's playing out in the
Trans-Pacific Partnership (TPP)
trade negotiations, where
"Washington is pressing for
language that would allow
countries in the Asia-Pacific deal to
reject protections for European
regional food names if they could
be confused with trademarks or
common names." The article
reflects the strong U.S. position in
line with CCFN's goals, and the
ongoing public exposure on our
issue.

Special Feature: Differences
Over GIs Threaten 2016/2017
WIPO Budget Approval Intellectual Property Watch
7/30/15. Extensive analysis of fallout from the controversial WIPO
Lisbon Agreement revisions, and
the pressure by the U.S. and other
nations to effect changes in the
WIPO budget concerning Lisbon
Agreement activities moving
forward.
"We've seen how the EU is pursuing ownership of the words
'muenster,' 'parmesan,', 'feta,' 'asiago' and 'havarti', among
many other names. At this point there doesn't seem to be a
clear line of where they will stop," said Ed Townley, Agri-Mark
CEO. "Fortunately, we know the CCFN is working very hard
to expose these abuses and push back - that's vitally
important for the future of our business here in the U.S. and
also for our trade interests. Dairy exports are becoming
increasingly important for the entire U.S. dairy industry."
Many food names - from "cheddar" to "pizza," originated in
Europe, but have long since become generic.
"Our hard-working dairy farm families have made millions of
dollars in investments in products that everyone knows by
these names," said Townley. "We're proud of our cheddar,
muenster and other products, and look forward to sharing
them for generations to come."
Strange But True
Gin company loses bid to call its product
"Portobello Road" because of wine GI
"Porto" - Take a quick glance...could this bottle
of "Portobello Road" London gin be confused
with a bottle of "port" wine? Apparently so,
according to the European Union's trademark
office, as recounted in a recent article in the
International Trademark Association Bulletin.
"Porto" is a type of GI registered for
wine. The Institute of Douro and Port
Wines opposed the application by the
British gin producer seeking to
trademark "Portobello Road" for London
dry gin. The office ruled that because
the applicant's mark contained the word "porto" some
consumers may assume the applicant's label is a subdenomination of the appellation of origin. Really? After how
many glasses of the beverage, one wonders, would a
consumer inadvertently reach for the wrong "porto"? The
case is yet another example of the unexpected
[Continued next page]
Page 7
[Strange But True, continued…]
consequences of a geographical indication program that
permits such overreach - stunting commerce in this case on a
dissimilar product that carries a name very different from the
GI itself. The article's authors add, "It will be interesting to see
whether this ruling will lead to an increase in oppositions
being taken by organisations seeking to protect their PDOs
and PGIs." Portobello mushroom growers, watch out!
"Adult" Site Goes Too Far with Parmigiano-Reggiano Britain's The Guardian news source reports that the
Parmigiano-Reggiano Cheese Consortium is weighing legal
action against the website Pornhub, accusing it of "vulgar"
use of the cheese in its new ad. Pornhub recently launched
its subscription service with a video of a couple shopping at
the supermarket. "Why don't we get this aged ParmigianoReggiano ... They say it's the Pornhub Premium of cheeses,"
a man tells his partner. The ad is aimed at convincing people
in the U.S. to subscribe to the company's video service. In an
interesting statement to the Guardian, a ParmigianoReggiano consortium spokesman says, "In the advert they've
used the term Parmigiano-Reggiano, not the term parmesan
which can be used generically in the U.S."
Pass It Along!
Welcome New CCFN Members!
CCFN welcomes the North American Meat
Institute (NAMI) and Select Milk Producers,
Inc., as new members:

NAMI is the leading voice for the
North American meat and poultry
industry. Formed from the 2015
merger of the American Meat
Institute (AMI) and North American
Meat Association (NAMA), the
institute provides essential
member services including
legislative, regulatory, scientific,
international and public affairs
representation.

Select Milk Producers, Inc. is a
U.S. cooperative of 87 familyowned dairies in Texas, New
Mexico, and the Midwest, formed
in 1994 and representing
innovative, efficient farm
operations and high quality milk.
Select produces and markets over
6 billion pounds of milk annually.
Help spread the word by passing this newsletter on to
other companies affected by the attack on common
food names!
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About CCFN
The Consortium for Common Food Names (CCFN) is
an independent, international non-profit alliance that
represents the interests of consumers, farmers, food
producers and retailers. We are working to protect
worldwide the right to use common food names.
For more information:
www.CommonFoodNames.com