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[Frumple]

Oh sure there are different varieties. I hate Red Delicious apples because they're acrid and the skin is thick and gross, and prefer Cripps Pink, Fuji, or Gala. But apples grown in California are just as good as apples grown in Washington.

If the soil conditions and growing methods and whatnot are the same. It's kinda' like saying that tupelo honey collected in washington is the same as tupelo honey collected in the appalach' valley. Note: The former is bloody close to impossible, since the required trees to make the stuff only grows in about three (southern) states, and the taste is pretty distinct.

I know I can't tell the difference between a specific potato variety that was grown in Oregon vs. the same variety grown in Washington.

If they're grown in the same way, anyway. I actually have had a few cases in the past where I've noticed the same sort of potato grown in different areas tasting differently. Soil matters! So can how they're cultivated.

Though yeah, if methodology and conditions are identical then product will be identical. It's just, y'know, conditions in different geological regions are different, barring specialty green houses and a great deal of effort. It can have an effect. Moreso with some products than others, but...

[nenjin]

Interesting little detaiil from the NAFTA agreement between Canada, Mexico and the US:
http://www.sice.oas.org/trade/nafta/chap-034.asp

Annex 313: Distinctive Products

    1. Canada and Mexico shall recognize Bourbon Whiskey and Tennessee Whiskey, which is a straight Bourbon Whiskey authorized to be produced only in the State of Tennessee, as distinctive products of the United States. Accordingly, Canada and Mexico shall not permit the sale of any product as Bourbon Whiskey or Tennessee Whiskey, unless it has been manufactured in the United States in accordance with the laws and regulations of the United States governing the manufacture of Bourbon Whiskey and Tennessee Whiskey.

    2. Mexico and the United States shall recognize Canadian Whisky as a distinctive product of Canada. Accordingly, Mexico and the United States shall not permit the sale of any product as Canadian Whisky, unless it has been manufactured in Canada in accordance with the laws and regulations of Canada governing the manufacture of Canadian Whisky for consumption in Canada.

    3. Canada and the United States shall recognize Tequila and Mezcal as distinctive products of Mexico. Accordingly, Canada and the United States shall not permit the sale of any product as Tequila or Mezcal, unless it has been manufactured in Mexico in accordance with the laws and regulations of Mexico governing the manufacture of Tequila and Mezcal. This provision shall apply to Mezcal, either on the date of entry into force of this Agreement, or 90 days after the date when the official standard for this product is made obligatory by the Government of Mexico, whichever is later.

Like I said. We see the benefit of doing this economically for our own stakeholders. We learned it from Europe. But suddenly we want to get defensive when the real questions of a global economy start to be asked. Like should these people, who historically made this thing but lacked the economic, business and technological advantages to capitalize on it, no longer get the benefit of their identity like large businesses, that were positioned to take advantage of their inability to defend their trademark?

I'm in favor of an all or nothing approach on this one. Either no one gets to lay claim to styles of cheese, or things made in certain places, or the water in their creek, or the dirt on their potatoes as a trademark, or everyone does and the issue gets way more complicated. I really doubt Europe will opt for the former since culturally they've been doing this for a long time, and they're way more invested in it than America. And as that trade agreement shows, we've already been building that sort of framework over here.

*snip*

I bow to your knowledge and/or Googling. And then I'd direct you to go Google Mickey Mouse and the history of Disney Trademarks. The law is great. When it works. But sufficiently big icons in American culture get protection when they want it. When these things start getting applied equally, without exception, I'll feel better about trusting the law. It's kind of off the point in the end though. Europe isn't interested in a 50 year Trademark agreement with the US. In the long run, that's a win for everyone else and a loss Europe.

And I'm not saying this kind of trademark and branding by Europe doesn't strike me as equally protectionist. I guess I just sympathize with their position more than I do that of American businesses.

I'm all for protecting the uniqueness of small, craft industries. And maybe that's what needs to be looked at in issues like these. A sort of Trademark Anti-Trust, in a way. It could be done by region or w/e. If all the Parmesan in Italy ended up being owned by one entity, that'd be the point at which they're no longer really a craft industry.

[GlyphGryph]

I enjoy this post. Anyone care to explain why products such as these get protections and not others..?

Disgusting quid quo pro between the three countries, acting to protect entrenched interests and minimize competition.

Large sums of money from each of these industries going into certain election campaigns.

That sort of thing. You know, the usual.

[Zangi]

I enjoy this post. Anyone care to explain why products such as these get protections and not others..?

Disgusting quid quo pro between the three countries, acting to protect entrenched interests and minimize competition.

Large sums of money from each of these industries going into certain election campaigns.

That sort of thing. You know, the usual.

They could essentially make the same product though, but they just gotta call it something else.  AKA: Get your own damn branding.

And eh, you see something like the Philly Cheesesteak, gets made everywhere, essentially using the same sort of ingredients.

[GlyphGryph]

They could essentially make the same product though, but they just gotta call it something else.  AKA: Get your own damn branding.

And eh, you see something like the Philly Cheesesteak, gets made everywhere, essentially using the same sort of ingredients.

This doesn't hold in most cases where a brandname has replaced a generic for a damn good reason - the primary (and I'd argue only legitimate) purpose of trademark in US law is to reduce consumer confusion and help create more informed consumers, NOT to benefit corporations or brand holders.

If Tequila or Bourbon are actually generics - if they are actually the only common word people use to describe a certain type of whiskey - then they shouldn't be protected as trademarks, because it can mislead people into believing that these are the only products that are REALLY like that. The exact opposite of the intent of trademark.

However, they've got more of a case than most of the other examples here. The names are not meaningful, for example - in standard US trademark law, a name like "Boston Blah" would have a harder time holding it's trademark than than "Jugoto Blah", because in the first case people might be mislead into thinking that it simple refers to any food made in that Boston style and not realize that other identical Boston-style foods are legally prevented from using the name.

[Sheb]

Yeah, and that's why the USPTO office doesn't grant trademarks for stuff that has become generic. Now, the issue here is that the purpose of the TTIP is to harmonize our legislation.

Anyway, I guess a deal were GIs that aren't generic get recognized in the US would make sense (So for example my beloved herve would be protected; although you'd probably get arrested for bio terrorism trying to import some in the US :p) but of course those stuffs that became generic are some of the biggest products, so they have a lot of influence.

Seriously, my hope is that the whole treaty flounder on a row between French and Wisconsin farmers. I should probably write to my MP asking for the negotiators to be as intransigent as possible.

Edit: GlyphGryph, would you mind if I start a trade agreement megathread?

[GlyphGryph]

I think this specific discussion has run it's course, so yeah, a megathread would be a good idea. Just for the trade treaties? Maybe have a super-treaty megathread, so we can talk about stupid things the US wants to do to Europe's computers in addition to the stupid things Europe wants us to do with our cheese? :V

[Sheb]

Well, it's all under the TTIP.

[DJ]

I'd just like to say that the local conditions (soil, temperature patterns, rainfall patterns etc.) have a huge impact on pretty much all food products.

[nenjin]

Just an example of good 'ol European thinking right home in the......South of America.

http://time.com/30647/jack-daniels-tennessee-whiskey-regulations-may-be-repealed/?hpt=hp_t3