Most people understand that you cannot get a trademark on the common name for a product.  No one would try to trademark CAR for an automobile, SKATEBOARD for a skateboard or HAM for a cut of pork.  But sometimes you can get a trademark on the common name for a product - well kind of.

For years Europe has been pushing for recognition of Geographical Indicators.  Under the European view, you can only sell Champagne if it is made in the Champagne region of France.  Everyone else has to sell sparkling wine.  Such is true for a whole host of terms in the wine industry and other aspects of agriculture as well.  Recently a European court ruled that "parmesan cheese" must be made in Parma, Italy.  So exactly what have I been dumping on my spaghetti all these years.

The protection of Geographical Indicators will have a bigger detrimental impact on the U.S. than most of Europe.  We have numerous products that are known simply by names adopted from European locations.  Will Germans sue McDonalds to stop the sale of hamburgers, or anyone who makes frankfurters outside of Germany.   Will we simply buy orange cheese when the English take away our right to sell "cheddar." 

One important question will be whether U.S. producers of products are put at a disadvantage if they have to invent names for products which are different than what we have used for years.   How will you ask for cheddar cheese made in Cache Valley?

Trademark law has a built in defense to such problems.  If a term becomes the common name for a product it is generic and enters the public domain - even if it was a trademark first.   Linoleum, escalator and aspirin are all examples of trademarks that became generic and lost their status as trademarks.  Anyone can now sell linoleum, escalators or aspirin due to genericide.  XEROX takes great care to ensure that its mark never becomes the generic word for a photocopy. 

Geographical indicators provide no such protection.  even if people have no idea why it is called parmesan cheese, the Geographical Indicator status will give a marked advantage to producers in Parma, Italy.

The U.S. should be very cautious of granting protection to geographical indicators.  If geographical indicators are protected, the U.S. should require all producers to use a generic term for the product to minimize the disadvantage to U.S. companies.  Otherwise, they will put U.S. companies at a competitive disadvantage and lead to mass confusion over what to put on your spaghetti.