• Home
  • 1st Annual Symposium
  • About
  • Available Positions
  • Issues
    • Vol. 4 Issue 2
    • Vol. 4 Issue 1
    • Vol. 3 Issue 3
    • Vol. 3, Issue 2
    • Vol. 3, Issue 1
    • Vol. 2, Issue 3
    • Vol. 2, Issue 2
    • Vol. 2, Issue 1
    • Vol. 1, Issue 1
  • Staff
    • 2009-2010 Staff
    • 2010-2011 Staff
    • 2011-2012 Staff
    • 2012-2013 Staff
  • Submissions
  • Subscribe
Featured Article

A featured article from the current issue of the Intellectual Property Brief.

Daily Blog

A daily blog of IP-related news and issues

Articles

All of the Intellectual Property Brief’s published articles. All articles are hand-selected from outside submissions and from our very own IPB staff members.

Issues

PDF versions of each of the Intellectual Property Brief’s issues.

Short Circuit

Case-by-case summaries of intellectual property related opinions from the Court of Appeals for the Federal Circuit.

Home » Featured

Kobe Beef: Are you getting what you pay for?

Submitted by Daniel Jang on May 26, 2012 – 12:02 PM5337One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F05%2F26%2Fkobe-beef-are-you-getting-what-you-pay-for%2FKobe+Beef%3A+Are+you+getting+what+you+pay+for%3F2012-05-26+16%3A02%3A18Daniel+Janghttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5337

Kobe beef seems to be everywhere these days: All over the menus of fancy restaurants, in burger form at chain restaurants, in a Guy Fieri recipe for ‘sliders’ on Food Network’s website, even at humble culinary purveyors such as Sam’s Club or Amazon. However, most Americans would be shocked to know that none of us have probably ever eaten Kobe beef before, unless it was in Japan, since the U.S. bans all importation of Japanese beef. Recently, Forbes ran a four-part series on how “Kobe” beef in this country is the result of an unfortunate loophole in international patent law.

Authentic “Kobe” beef is actually a patented breed of cow from a specific geographic location in Japan that is protected by Japanese trademark law. True Kobe Beef is only produced in the Hyogo prefecture (of which the city of Kobe is the capital) from a type of cattle called Wagyu. There are four breeds of Wagyu: the Japanese Black, the Japanese Brown, Japanese Shorthorn, and Japanese Polled. Kobe beef usually comes from the Tajima strand of the Japanese Black breed.

However, these standards and the brand “Kobe” are meaningless in America and it has been known for some time that American producers use it incorrectly. They are able to get away with this due to the fact that the United States is not a party to the Treaty of Madrid, the main source of international regulation regarding the protection of geographically designated food production. Other famous food products associated with a specific area, such as Champagne or Parmigiano-Reggiano cheese, are also not protected under U.S. law and so anybody in this country is free to use these regional designations on their products. The same holds true for “Kobe” beef. American consumers might feel angered and deceived that they spent good money on something marketed under a false pretense, but the roots of this problem lie, strangely enough, in law.

TwitterFacebookGoogle GmailGoogle ReaderDiggPrintBookmark/FavoritesShare

About the Author:

Author: Daniel Jang

Daniel is a 3L at the Washington College of Law with an interest in international law, immigration law, and intellectual property. He studied Political Science and History of Art at The Ohio State University and has also previously lived overseas in China and Hong Kong.

Daniel Jang has written 14 posts for the IPB.

5337One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F05%2F26%2Fkobe-beef-are-you-getting-what-you-pay-for%2FKobe+Beef%3A+Are+you+getting+what+you+pay+for%3F2012-05-26+16%3A02%3A18Daniel+Janghttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5337 »

  • Dan Morgan says:
    May 27, 2012 at 6:42 PM

    I understand what you are saying . As a producer of American Wagyu Beef and after 20 years in the introduction of the product to both Americans and the Europeans the simple reason the word " Kobe " has been used in the marketing and introduction of the product is because American's could not pronounce much less say or have any idea of the word " Wagyu " But American's did understand the word "Kobe " . Therefore the word was used.
    I would hope that we can begin using the term American Wagyu in the future. Customer acceptance is very good, customer awareness of Wagyu has increased many fold in the past 20 years.

    Reply to this comment »

Leave a comment!

Click here to cancel reply »

Add your comment below, or trackback from your own site. You can also subscribe to these comments via RSS.

Be nice. Keep it clean. Stay on topic. No spam.

You can use these tags:
<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

This is a Gravatar-enabled weblog. To get your own globally-recognized-avatar, please register at Gravatar.

Copyright »

Appropriating Sid Vicious

Appropriating Sid Vicious

Mr. Brainwash’s works recently joined the increasing number of cases on appropriation art after photographer Dennis Morris sued the street artist for use of his 1977 picture of Sid Vicious.

TwitterFacebookGoogle GmailGoogle ReaderDiggPrintBookmark/FavoritesShare
More articles »

Patents »

Oxycontin and the Implications of Pay-For-Delay

Oxycontin and the Implications of Pay-For-Delay

The Food and Drug Administration’s recent decision, which reasoned that the drug posed public health and safety concerns, creates serious patent implications with regard to generic drugs.

TwitterFacebookGoogle GmailGoogle ReaderDiggPrintBookmark/FavoritesShare
More articles »

Trademark »

Supreme Sues Married to the Mob for $10 Million

Supreme Sues Married to the Mob for $10 Million

Supreme, one of the most coveted skate-inspired clothing brands, is suing women’s clothing brand Married to the Mob and its founder Leah McSweeney for trademark infringement to the tune of $10 million.

TwitterFacebookGoogle GmailGoogle ReaderDiggPrintBookmark/FavoritesShare
More articles »

Facebook

Accepting Submissions

The IP Brief is currently accepting submissions. We are looking for papers that address a legal topic relating to any area of intellectual property. Please submit completed papers and a cover page with the name and title of the article to ipbrief [at] wcl.american.edu. Any questions can also be sent to this e-mail address.

Blogroll

  • American University Washington College of Law
  • Carrollogos
  • Copyright Blog
  • GamePolitics
  • Intellectual Property Watch
  • PatentlyO
  • Program on Information Justice and Intellectual Property
  • Spicy IP
  • The TTABlog®
  • ©ollectanea

Tags

Archives

  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • January 2010

Random Posts

Will the Court Answer IHOP’s Prayer for Relief? EU Advisor Advises Removing Restrictions on Pay-TV Death Decrowned - Billboard Depicting Grim Reaper Wearing Cheesehead is Altered Rosetta Stone v. Google: Applying Trademark's Functionality Doctrine Final Announcement: Fall 2011 Submissions Due Today MGA Accuses Mattel of Toy Espionage Digestion and Re-innovation: A Lesson Learned from China´s High-Speed Rail Technology-Transfer Agreements Electronic Arts v. Zynga – The War of The Social Game Developers Is that a Mercedes? No, it is a Hyundai in Sheep’s Clothing. Copyright in Football: Is it Practicable? Copyright and Your Student Aid: MPAA Sends Letters to Universities About Copyright Provisions In the Higher Education Opportunity Act Update: Charlie Sheen Files Applications to Trademark Two More Catch Phrases The Medicrime Convention and its Side Effects on Intellectual Property Infringements in the Field of Drug Counterfeiting
(refresh random posts)

Latest Video Post

Relatively New Anti-Piracy PSA: Another Analogy Comparison of Piracy to Stealing Cars or an Effective Message?

Recent Posts

  • Supreme Sues Married to the Mob for $10 Million
  • Appropriating Sid Vicious
  • Chick-Fil-A’s ‘Eat Mor Chikin’ Trumps Kale-Promotion Slogan
  • Oxycontin and the Implications of Pay-For-Delay
  • Oh, That’s Different … Never mind: USPTO Withdraws Ruling that IPAD MINI is “Merely Descriptive”

Twitter

  • No public Twitter messages.
  • Copy / Paste
  • Site Search
  • Wikipedia
  • Google
  • Facts
  • Amazon
  • eBay
  • Outlook
  • Gmail
  • Y! Mail
  • Twitter
  • Search & Share
Powered by WordPress | Log in | Entries (RSS) | Comments (RSS) | Arthemia Premium theme by Colorlabs Project
The American University Intellectual Property Brief is licensed by the staff of the American University Intellectual Property Brief under a Creative Commons Attribution 3.0 United States License. IPBrief.net is hosted by Dan Rosenthal. For technical queries, contact dan@danrosenthal.org

Creative Commons License