If You Got Breastmilk You Might Be Getting A Cease And Desist Notice

MayorBob.

Posted to Business on Fri Aug 01, 2008 at 06:31:23 AM EST (promoted by port1080). RSS.

The California Milk Processor Board (CMPB) is a large trade group composed of 11 dairy processors which is serious about promoting the consumption of what it calls a "superdrink". Another thing they take seriously is their "beloved" Got Milk brand. Since its formation in 1993 the CMPB has relentlessly touted the benefits of drinking milk and aggressively protected its trademark. How aggressive, you might ask? Very aggressive is the answer; no perceived trademark infringement, large or small, would go unchallenged. When animal activist group People for the Ethical Treatment of Animals (PETA) launched an anti-milk ad campaign (scroll down to Health section), the CMPB let them know they weren't pleased. At the smaller end of the spectrum of trademark defense, the CMPB is taking on some decidedly smaller opponents.

Barbara Holmes is an Alaskan artist while Ariel Gore is a Portland writer. Both seem to have had the same inspiration, as breastfeeding advocates they fashioned some clothes with a slight twist on the "Got Milk" trademark. Gore was selling tee shirts and Holmes babies' onsies with "Got Breastmilk" printed on them. Both received letters from the CMPB. Both letters asserted CMPB's right to "Got Milk" and both claimed that the variations, while they might be parodies, weren't funny. Basically the CMPB said that the phrases were similar enough (both were about a form of milk) that confusion might be sewn in the minds of the public that dairy farmers are now marketing mother's milk.

According to Holmes attorney Paul Bratton, Holmes was given until July 22nd "to ship to CMPB "all 'got breastmilk?' onesies and t-shirts"; destroy or remove all depictions of the offending items; and account for all profits generated by the sale of the items." Gore claims she got the same letter back in January and her written response was "no reasonable person would be confused by the parody." Thus far, Gore has yet to hear back from CMPB. Bratton said Holmes would be fighting this legal challenge "produced in some California theatre of the absurd" by asserting Holmes right to fair use of the well-established trademark in that there was no profit motive in the use of the parody. Also there's "the simple fact that encouraging mothers to breastfeed their infants cannot possibly create any real confusion or "tarnishment" of CMPB's trademarks." Holmes agrees with her lawyer that the entire thing is absurd:

"They say I'm going to confuse milk consumers. How can you get confused between a boob and a bottle of milk from the store? They're two different kind of jugs."