Helping companies do the best possible due diligence

Intellectual Property Protection
You Better Enforce Your Rights Sooner Rather Than Later!

An interesting ruling was issued today by the United States Court of Appeals for the Ninth Circuit.

Since 1909, the Tillamook County Creamery Association has been making cheeses, and now makes about 167,000 pounds of cheese per day. With 142 member dairies, the association is the number two brand in the US today. They registered their Federal trademark in 1921.

In 1976, one of the Association’s members asked if he could start using the Tillamook name for a new company he was launching to produce smoked meat products, Tillamook Country Smoker. The Association did not object to this, and even started selling Tillamook Country Smoker products at its store, and even its mail order catalog. Tillamook Country Smoker applied for a trademark registration of the “Tillamook Country Smoker” mark, and the Association was informed but did not object to this. Tillamook Country Smoker tried again in 1995, and the Patent and Trademark Office (PTO) granted them registration of the mark, which included the words, Tillamook Country Smoker. The Association still did not object. Throughout this time period, the Association continued to sell Tillamook Country Smoker products at its store and through its catalog.

In 2000, the Association sent Tillamook Country Smoker a cease and desist letter regarding the use of the word Tillamook. Tillamook Country Smoker filed suit and the Association filed counterclaims and everybody filed counter-claims, etc., etc.

The ruling today was in favor of Tillamook Country Smoker, which included the point that the Association did not exercise diligence in enforcing its (possible) rights, in essence saying that 25 years is a long time to let something like this go on.

I guess all I can say is wow! Make sure you have competent intellectual property counsel, and make sure you enforce all your rights for any and all intellectual property you may have.

Charles F. Bacon, CEO & Keeper of the Vision
charlesbacon (at) superdiligence (dot) com
Due Diligence, Inc.
www. superdiligence (dot) com