Trademarks: Catfish by Any Other Name

Indian farmers believe the U.S. patent was intended to restrict American imports of their basmati rice and boost sales of RiceTec's products, which are sold under names like Texmati and Kasmati. RiceTec denies those claims and says it developed its rice for "American tastes." Indian basmati is a more delicate grain and has a stronger flavor than the shorter-grained Texmati. Still, Indian politicians have called for an international trademark on basmati that would restrict use of the label to rice that comes from the foothills of the Himalayas.

Thailand, too, has asked the WTO for trademark protection for its famed variety of jasmine rice--the bright white, popcorn-flavored staple served in many Asian-cuisine restaurants. Thai farmers fear that a strain of the rice being developed for American climes by plant geneticist Chris Deren at the University of Florida will significantly cut into the $300 million worth of jasmine rice sold each year in the U.S.

Thai Prime Minister Thaksin Shinawatra has threatened to sue Deren and has complained to President Bush. In September, Thai rice farmers marched on the U.S. embassy in Bangkok. Deren even received an e-mail that he says "felt threatening" from an organization urging protest against his research. (It included his home address and phone number.) American companies are already expressing interest in commercializing Deren's strain. And RiceTec sells its own brand, called Jasmati.

Such disputes seem likely to proliferate as selective breeding, grafting and genetic manipulation, along with improved farming techniques, make it harder to distinguish product origins. At the same time, producers of popular regional foods around the world are flexing their muscles as never before.

California wines, particularly those from the Napa Valley, regularly best their French and Italian rivals in international competitions; some California sparkling wines have even triumphed over real champagnes. Vintners in Napa are pushing for state legislation to prevent growers outside the valley from using the Napa designation.

Cheesemakers in Parma, Italy, wish they had tried to trademark their wares much earlier. Last year they ran newspaper ads in Europe warning: "The original Parmesan is born only here." But it's probably too late to ward off other producers of the hard, sharp cheese or ask nondiscriminating consumers to develop a prejudice.

The French tried in 1995 to prevent markets and restaurants from selling imported scallops as coquilles St. Jacques--but Canada, with support from the U.S., Peru and Chile, successfully appealed to the WTO.

Before they launch hasty trademark fights, countries should consider America's plight. Though it is winning its battle with the Vietnamese, the U.S. has lost ground elsewhere in the trademarking war. Congress's catfish vote forced the U.S. trade representative to drop opposition to a similar ban in Europe that allows only North Atlantic sardines to be sold as herring.