William O. Douglas

“ The sole claim was that defendant's actions in selling cheese labeled as 'imported Swiss cheese' which had been imported into the United States from a country other than Switzerland were illegal under the trademark laws. The defense was that 'imported Swiss cheese' had come to have an accepted meaning in the trade of Swiss cheese that had been imported from any country. The District Court found that the meaning in the trade of 'imported Swiss cheese' was an issue of fact as to which there was a genuine dispute, and therefore denied the plaintiffs' motion for summary judgment. ”