In this wedge, Kirk Hendershott-Kraetzer and Daine Pavloski return for the second wedge of the Cheesecast! The topic this week: Cheddar! Kirk and Daine chat cheddar, talk interesting cheese facts, sniff microphones, gab about cheese law and, of course, TASTE SOME CHEESE! Check it out and don't be scared to drop us a line to let us know what you think or even share some cheese stories of your own on Twitter @cast_cheese!
Cheeses in the Wedge:
"We start here with the self-evident proposition that before plaintiff may procure an injunction against the defendant's use of the name or mark here in issue, plaintiff must establish its exclusive right to the trade mark 'Tillamook' on the strength of its own title. In undertaking to establish such a case, the plaintiff is confronted with a number of difficulties."
"We do not believe that this rule can be applied to the counsel for a corporation whose activity is brought into question, if the role of the counsel was only that of a legal adviser. This would be true even if, as counsel, he mistakenly advised corporate officers that a particular course of conduct would not violate section 2. But if he goes beyond that role and, acting by himself or jointly with others, makes policy decisions for the corporation, then he subjects himself to liability for attempted monopolization as in the case of any executive officer of the company performing a similar function"
"The Tillamook County Creamery Association, the maker of the Tillamook brand of cheese for nearly a hundred years, has a beef with a company called Tillamook Country Smoker, a purveyor of smoked meats and jerky. In 1976, Tillamook Country Smoker began selling its meat products under its name. The cheese people had actual knowledge of Tillamook Country Smoker's activities, but never said a word. Not only that, the cheese folks even sold Tillamook Country Smoker's products in its own gift shop and in its mail-order catalog.
"Twenty-five years later, when Tillamook Country Smoker began selling its meat snacks in supermarkets, the cheese people for the first time claimed trademark infringement and sought to enjoin the meat people from making any further use of the Tillamook Country Smoker name. The cheese people explain their quarter-century delay in taking action against Tillamook Country Smoker by contending that they are victims of "progressive encroachment." The district court ruled that the cheese people are barred by laches. We agree."