The Oregon Cheese Wars Continue

As I blogged a few weeks ago, the folks in Bandon are not at all happy with the Tillamook County Creamery Association, the cooperative that makes Tillamook Cheese. After buying, then closing down the Bandon Cheese factory, they not only continue to make Bandon Cheese at two of the Creamery's factories elsewhere in the state, but they also sent threatening letters to various businesses using the Bandon name (not just in Oregon), claiming that it was infringing upon their trademark.

It didn't take long for the Tillamook County Creamery Association to realize that it (or at least its lawyers) had overreached just a bit in trying to protect the trademark of the recently acquired brand. The city of Bandon, still feeling scorned over the loss of precious jobs in the rural coastal region, hired a lawyer and the battle was on.

After the dispute made headlines in December, the creamery sent a letter to the city of Bandon asking for a sit-down meeting. The company also agreed to donate 1,000 pounds of cheese to the food bank.

"I'm delighted," said food bank director Carol Doty. "That will give us enough for at least two months and a little more.

"They're feeling like they want to be good neighbors."

Creamery Chief Executive Officer Jim McMullen said this week he probably should have talked with city officials early on. "I'm willing to admit it was probably a mistake" not to meet with the city, McMullen said.

...

McMullen also defends his company's use of the name, saying it's a brand more than it is a geographical description. He notes that Hershey's chocolate isn't all made in Pennsylvania.

"Our hope was we'd be able to grow the brand and it would represent the community," McMullen said, pointing out that the company wasn't profitable when the creamery purchased it, and it has since become the No. 2 cheese in the state. "We're trying to use a model that has been successful."

One can understand...to a point. When the Tillamook County Creamery Association bought the Bandon Cheese factory, it trademarked the name Bandon (for the brand of cheese) and the image of the picturesque Coquille River Lighthouse (near the town...seen here) that Bandon Cheese has had on its labels for the last few years (though not from its inception). But where is the legal line between the name a brand and the name of a community...or geography? I'm not sure, but we're about to find out.

"Tillamook's misuse of the Bandon name spoils the goodwill earned by genuine Bandon producers and service providers, causes economic harm, and degrades the integrity of the marketplace," the resolution reads. "Consumers have a right to be honestly apprised and not misled about the geographic origins of the specialty food products they choose to purchase, even if Tillamook believes it is doing the city of Bandon a favor by manufacturing 'Bandon' products in Tillamook, Boardman, or other states and regions."

So, Bandon is seeking legal action.

Monday's resolution seeks to require the company to "completely relinquish" use of the Bandon name and the lighthouse in connection with any products made elsewhere.

The city also asks that the Oregon Department of Justice, along with equivalents in any jurisdiction in which Bandon products are sold, investigate the creamery's practices and sue the creamery. Creamery officials have asked to meet with city leaders, but say they have a right to protect the valuable Bandon brand from confusion.

This is sure different than what the tiny town of Halfway OR went through towards the end of the dot.com craze. In exchange for a bit of cash ($500K if I remember...can't find it on the web anymore), Halfway changed its name to Half.com for a marketing ploy to advertise a half-price internet discounter. That business has since been acquired by ebay, at this link.

Comments

[joe spizzic]

Amazing as a resident of Oregon and a proud consumer of both Bandon and Tillamook Cheese I think that it is fine as long as the cheese factory is still running in Bandon Oregon and no local jobs are lost. I heard somewhere that when Bandon and Tillomook joined forces it would be the #2 cheese maker in the world only behind Kraft the giant of the world.

[Gullyborg]

the cheese factory is NOT running in Bandon. Tillamook closed the Bandon factory and fired all the workers. "Bandon" cheese is not made in Bandon. It's not even the same recipe anymore. There is a definite taste difference now. It's just Tillamook cheese in a Bandon package.

BOYCOTT ALL TILLAMOOK PRODUCTS!

[susan welch]

The cheese war continues: Tillamook recently closed the cheese shop housed in the old Bandon cheese factory. In a truly graceful and compassionate move, they locked the door and then told the few employees that their jobs were history. Boycott Tillamook indeed! I will never buy any Tillamook products again and will tell others of my rejection of all Tillamook products!

[Krista]

So, I don't know if this is effective or anything... but I think it's very rude that they would buy the store and shut it down. I live in Roseburg and I only go to Bandon to get cheese curds... eat them at the beach, and leave. How pathetic is it for them to shut it down. It might be pathetic of me that I have that little routine, but it's business for them and happiness for me. They could've lowered prices and saw how the business ran, then closed it if they don't. I'm very upset!
-me

[Chris]

My wife and I went there on our honeymoon and now 7 years later we come back and it's closed up, it really makes me mad to see what tillamook has done. I doubt I'll be buying their products anymore.

[doug]

How about investors like me re-open bandon cheese and call it somthing like original bandon cheese or old town bandon cheese????

[Patti]

I went to Bandon this July, and the factory was closed! I am from Seattle, and I always go to Bandon for cheese during my southern migration to warmer climate. I heard about the buy-out and was dismayed. I am so sorry for the lost jobs. One would think that the workers would keep their jobs and the building its name, but be headed by another coorporation.

I went to Tillamook the other day to check it out for the "special cheese recipes" (that I cherish) Bandon produced. I didn't think that Tillamook would be stupid enough to buy out a popular cheese and then disband the entire cheese collection.

Tillamook... It kinds of reminds me of the Exon Coorporation... with their buying of ecologically-friendly patents... Hmmm...

[Jared Brown]

The Tillamook brand is banned from our home. Bandon Cheese was our choice and the factory was a point of interest when we would visit. My in laws from Iowa who thought Wisconsin made the bestchees changed their way of thinking back in 1997. Since the take over we will never buy a Tillamook product again. But to be fair, the owners of the Bandon Cheese factory should have offered it as an employee owed business before selling out. Don't know if this was an option offered or not but if not then people should split their anger 50/50 between Tillamook and the former owners. That said, I sent a 1 pound block of extra sharp white chedder to my mother in law back in 1995 which was already aged 12 years at that time. she intends to use it as a family reunion omlette breakfast when we get back out to Iowa in two years. Aged chedder of nearly 20 years will be like a fine wine. I can't wait for the worlds best omlette. Aged Bandon cheese with Iowa ham.

[Mary]

I am a native Oregonian, I visited Bandon cheese factory when it was operating....I can't remember when...over 25 years ago. I am so sad to hear it is not operating anymore! Are there any local people who know still know the art of cheese making? What is needed is someone to buy back the grounds from Tillamook and restart operations...so what...let them have the "name"....creative marketers can rename the product so people will know its the old factories product. Bandon's product was far superior to Tillamook's....what was lacking was marketing. There must be someone in your community with pride and money to get this operation going again!!!!

I'm pulling for you....go go go!!!

[Mike]

As of today June 22,2007, Tillamook is in the process of tearing down the Bandon Cheese Factory. We will soon have a large vacant lot where the once proud factory stood. The roof was removed today and the bull dozers will probably be here next week.

[Bigfoot]

Visited Bandon on 8/18/07 and sure enough, the Bandon Cheese Factory is no longer (as in razed, just dirt and rubble). We had no idea they were closed down and the local visitor center staff said it was not going to be re-built. What a shame!

[David]

I was only at the Bandon Cheese Factory one time when I was around ten. My mom had heard of the factory and so we went there while on vacation. I remember the fascination I had while watching through the windows and tasting all the different samples they had. I really liked the cheese curds. After moving away from Oregon for 13 years, I have returned to Coos Bay and was shocked when I heard about the cheese factory closing. Even more shocked when I read in the paper that it was being torn down. I enjoy Tillamook cheese, but Bandon outdid themselves to have GREAT cheese. At the risk of sounding cheesey, does anyone still have original Bandon cheese?

[RoguePundit]

The Tillamook Creamery owns the brand & recipes and makes Bandon Cheese. It's sold around here in Fred Meyer (owned by Kroger) and Winco.

[Warren in Portland]

I have always preferred the Bandon Cheeses to the Tillamook Cheeses - they had a richer fuller flavor.

It is truly a shame that the cruds at Tillamook had to buy up an eliminate all the traces of a historic local industry.

Now it is merely a brand name - and since I really don't care for Tillamook Cheese in preference to other brands available it is easy to make the decision to no longer purchase their brand as a protest.

When I am buying a cheese I am buying a product not the name on the Product. All the brand name does is identify the producer and the probability that the product will conform to certain standards. Since the standards of the Tillamook Creamery Association are apparent in their business practices then I think I can safely dismiss them as just another corporation trading on past good will. That good will has been expended with me and I shall not purchase their product in preference to anyone else. In fact they have formed an ill will association in my mind with their product and have formed a prejudice against it.

What they have done is eliminate a competitor by buying them up and then adulterating the product.

As far as I'm concerned they can kiss my ... oh well.

[Kathy]

Very disappointing that a large company like Tillamook would feel the need to stoop to this. Bandon is a wonderful little town, and a big tourist draw was that cheese/ice cream factory. Shame on Tillamook! To think I used to buy their cheese. No more!

[Mike in Denver]

I visited the Cheese Factory back in the late 90's and thought it rocked. The curds were very good. Too bad Tillamook took the corporate route with Bandon and tore it down. They have no soul.

[Mike in Illinois]

Make your cheese DOP, like the euro union does. That will protect the name and quality.