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Cheesemaker sues over bad batch of blue Litigation revolves around the use of the Oregon Blue trade name By Chris Bristol Some lawsuits are zesty. Some are unsavory. A lawsuit that was filed recently in Jackson County court is just plain cheesy. Rogue River Valley Creamery, proud makers since 1955 of a pungent and prize-winning blue cheese, has accused a former employee of trying to sell a 900-pound batch of substandard stuff under the company�s premium Oregon Blue label. The creamery is suing Pete Hangartner � who used to work for the late founder of the Central Point creamery and now runs his own business making cheesecake and other desserts � in a case that offers a peek into the obscure business subculture of cheesemakers. The suit seeks a court order for seizure of the cheese as well as well as an injunction that forbids Hangartner from using the Oregon Blue trade name, which has earned a reputation over the years as a homegrown alternative to more expensive imports. "Defendant�s wrongful use of the name and style �Oregon Blue� has and will continue to cause irreparable injury to plaintiff�s business reputation," the lawsuit says, "and will result in dilution of the distinctive quality of the cheese sold as �Oregon Blue� blue cheese." In an interview Wednesday, Hangartner denied the allegations and said he has already returned the cheese, which he stored as a favor to the creamery�s founder. "I already gave it back to them," he said. "I�m not sure what they want from me now." According to the complaint, filed Aug. 29, the creamery sells Oregon Blue by the wheel and crumbles up substandard cheese for sale � unmarked � to other businesses. "Such business entities may utilize the substandard cheese as they wish," the lawsuit says, "but may not distribute the cheese as �Oregon Blue� blue cheese." The lawsuit alleges the creamery let Hangartner store such a batch at his Green Hill Foods facility in White City, which he later offered for sale to an unspecified buyer as Oregon Blue. Hangartner denied the allegation � "They thought I sold some, which I didn�t" � and blamed the lawsuit on friction between he and Ignazio Vella, who took over the business upon his father�s death two years ago at the age of 100. Vella�s father, Gaetano "Tom" Vella, started the business in 1935 and began making Oregon Blue in 1955 after a trip to France, where he learned from the masters in Roquefort. The cheese gets its distinctive color and flavor from a mold known as Penicillium roqueforti. Hangartner said the lawsuit seems to be tied to a recent conversation he had with the owner of a local business, in which he accused the creamery of an unethical � and unproved � business practice. "I knew it would get back to them (the creamery) and something would happen," Hangartner said, "but I didn�t expect this to happen." Rich Billin, a Medford attorney who represents the creamery, conceded the cheese was returned several weeks ago. By then, he said, the lawsuit had already been filed. He refused to say why the creamery is moving forward with the case. "The lawsuit has a lot of other issues involved than just the cheese," Billin said, adding only that one of those issues is infringement of trademark. Told of Hangartner�s counter-accusation, Billin�s tone turned threatening. "It is a problem," Billin said, "when you start making allegations about someone�s business that aren�t true." Hangartner has until a week from Friday to respond to the lawsuit or default; he doesn�t have an attorney yet. Obituaries | Sports | Business | Classifieds | Tempo | Prime Times | So Oregon Sites | Outdoor Journal | Subscribe | Contact | Movies | Advertise | Real Estate Showcase | Archive | Editorials | Letters to the editor | Religion | Wake-up Call | NIE | Cyber Chef | Job Network | So Oregon Weather | WSJ Northwest | Forums | AP Wire | AP Money | F.A.Q. | Awards Ottaway Newspapers, Inc. The Community Newspaper Subsidiary of Dow Jones & Co, Inc Copyright �The Mail Tribune 2000, Medford, Oregon USA