kitler53 on 12 March 2014
| Mr Khan said: It's only protectionism by another name, in a roundabout way by enforcing cultural originality, playing into certain parts of American advertising law. Such laws are why the Cheese in a can is usually called Cheez or something like it, because you can't legally call it Cheese if its only a Cheese-substitute, so the EU, perhaps, is banking that US courts could buy into the idea that it indeed isn't Parmesan or Romano cheese if it doesn't come from Parma or Rome, American makers like Kraft will have to re-label, and enable EU-made products an easier seat at the table because foodies will only go for authentic Parmesan. |
US law can go the other way too. kleenex is a good example of trademark genericization. they were forced to rename their own brand to "kleenex brand" as the name became part of american vernacular.
EU won't win this in american court. parmesan is a type of cheese like cheddar, colby, pepper jack, or america. it is as generic as pizza, pasta, soda, milk, orange, ect. they might have won this had they protected the name prior to american introduction but it's too late now to take the name back. the best they'll be able to do is say "real" parmasan like wisconsin does with their cheddars.
