Judge Orders Tillamook Country Smoker to Stop Infringement of Tillamook Trademark

TILLAMOOK, Ore.--(BUSINESS WIRE)--Feb. 6, 2004--A federal court ruled today that Tillamook Country Smoker (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.

"We're pleased by today's ruling," said Jim McMullen, TCCA president and CEO. "It gives clear direction to both companies."

“It gives clear direction to both companies.”

Judge Michael Mossman 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.

"The court told us we cooperated with the Smoker for too long, selling their products through our store and catalog, to object to their infringement," said Jim McMullen, TCCA President and CEO. "It's ironic that we're being portrayed as bullies when the court says our past cooperation with TCS limits 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."

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.

The Tillamook County Creamery Association, formed as a cooperative in 1909, has earned a reputation as one of the nation's premier brands of cheese. Tillamook is a national marketer of naturally aged cheddar and a variety of other cheeses, butter, flavored milk, and an extensive line of premium ice cream, sour cream and yogurt. TCCA is most famously known for its internationally award-winning Tillamook Cheddar Cheese.