Recived from Tillamook Cheese Factory.
Thank you for your comments, Mr. Bench. It's disappointing to hear that
you're disturbed by news reports that have portrayed us as bullies
browbeating businesses that use Tillamook in their names. Such behavior
would be completely contrary to the century-old values of our early founders
integrity, honesty, respect for people and common sense.
We did not sue or threaten anyone with litigation. Only once has a
trademark-related issue led us to litigation. In that case, Tillamook
Country Smoker (TCS), a Tillamook company that makes and distributes smoked
meat products, has sued us over a trademark dispute. Tillamook County
Creamery Association (TCCA) raised concerns about potential infringement in
2000, when TCS sought trademark protection for the name Tillamook Jerky.
The U.S. Patent & Trademark Office denied the TCS registration, but TCS
continued to use that mark on packaging and on its web site.
A federal court ruled Friday that TCS clearly infringed on Tillamook County
Creamery Association's trademark and ordered TCS to change its web site
domain name and stop using Tillamook Jerky to identify its products.
Also in Friday's ruling, Judge Michael Mosman allowed TCS to continue using
its full name, Tillamook Country Smoker, even though that name infringes on
TCCA's trademark because TCCA failed to object to its use sooner.
In effect, the court told TCCA Friday that we were good neighbors who
cooperated with the Smoker for too long. Because we sold their products in
our Visitors Center and through our catalog, we cannot object to their
infringement. It's ironic that we're being portrayed as bullies when the
court ruling says our past cooperation with TCS blocks our ability to do
anything about their infringement. It's even more ironic because it was TCS
that sued Tillamook over the trademark dispute, not the reverse. (TCS, by
the way, is hardly a small business. Its annual sales exceed $41 million.)
We regret that you consider actions required to protect our trademark to be
inappropriate. Our trademark rights do not exclude others from using
Tillamook as a geographic designation. And many do more than 200 Oregon
companies have Tillamook in their business name. We are concerned only when
there is some likelihood consumers will be confused by another company's
name or label, especially outside the local area. The confusion is evident
regarding our products and those made by TCS, among grocery retailers and
consumers. But in almost all cases, companies using the name Tillamook are
of no concern because they will not create any confusion among customers.
We remain what we've always been a dairy cooperative in a small Oregon
coastal community owned by 145 local dairy farmers, many of whom have been
part of TCCA for generations. We could not survive in a small community,
where we know and deal with our neighbors on a daily basis, if we behaved
like bullies.
Please let us know if you have additional questions or if you would like
more information about the specifics of the issues that have been
inaccurately and unfairly reported in recent news stories.
Sincerely,
Tillamook County Creamery Association
Customer Service
-----Original Message-----
From:
Bench_D@MSN.COM [mailto:Bench_D@MSN.COM]
Sent: Monday, February 09, 2004 4:39 PM
To: info
Subject: Cheese Mail
Route to: Customer Service
Salutation: Mr.
First Name: Donald
Last Name: Bench
.
Comments: I will never buy Tillamook cheese agian . You don't own the name
TILLAMOOK.
[ 02-10-2004, 05:38 PM: Message edited by: DAB ]