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http://www.omniture.com --> Sections Home Page Local News AP News Archives Business Classifieds Event Calendar Forums Life Opinion Obituaries Photo Gallery Readers Photo Gallery Sports Tempo Weather Special Coverage 2006 Britt Festivals --> Shop Our Valley AutoFinder HomeFinder JobFinder Search Our Valley Special Sections Homelife Magazine Joy Magazine Readers Choice 2006 Oregon Golf Info Oregon Wine Info Our Valley Other Publications Local Links Ashland News eSouthernOregon Newspapers In Education Personals Moving Here Movie Listings TV Listings Volunteer Customer Service Advertise With Us Media Kit Place Classified Ad Contact Us FAQ's Home Delivery Site Map --> Email Story to a Friend October 12, 2006 Meat outfit gets OK to use Tillamook label Tillamook cheese group waited too long to object to other company's brand, ruling says The Associated Press PORTLAND — One of the nation's leading cheese producers waited much too long to object to a jerky and smoked meat company's use of the word "Tillamook," the 9th U.S. Circuit Court of Appeals ruled Wednesday. The Tillamook County Creamery Association is a well-known producer cooperative that makes cheese at a factory on Oregon's coast. It is described in court papers as the second-largest producer of some varieties, behind Kraft. The cooperative formed in 1909. In 1976, a member of the association, Crawford Smith, started the jerky and smoked meats business and named it Tillamook Country Smoker. Advertisement The dispute arose when the meat company moved to expand its supermarket sales in the late 1990s. The creamery filed suit alleging trademark infringement, but U.S. District Judge Michael Mosman ruled in 2004 that it was too late. He and the appeals court cited legal principles that require lawsuits to be filed in a timely way, rather than delayed until an interest such as the beef company's name and packaging has become established and valuable. For years, the appeals court said, the cheese and beef enterprises had close ties, and for more than two decades the creamery didn't object to the beef company's use of the word "Tillamook." "The cheese people had actual knowledge of Tillamook Country Smoker's activities, but never said a word," the court said. "Not only that, the cheese folks even sold Tillamook Country Smoker's products in its own gift shop and in its mail-order catalog." The meat company's move to expand supermarket sales was just a business growing, not an encroachment on the creamery, said the three-judge panel. If the meat company had expanded into "selling cheese in grocery stores," the court said, "it would be a different story." Would you like to respond to this story? If so Click Here to visit our forums. Advertisement Copyright © 1997-2006 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback online casinos news Home Security Systems Windermere Van Vleet Men's Clothing Southern Oregon Loans --> GMAT Prep Fundraisers Send Flowers Texas Electric Choice Entertainment Guide --> Casinos Canada Trunks, Footlocker Online Casino Reviews Online poker at AbsolutePoker.com