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GoDaddy user reviews : Suggest I use GoDaddy?? Got Breastmilk? TM

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A "batik artist" in Alaska made up some hand-lettered T-shirts and baby "onsies" (one piece thing babies wear) with "Got Breastmilk?".

She got a trademark infringement C&D from the California Milk Processor Board for being confusingly similar. The letter demanded the cessation of "all sales, marketing, and ship no later than this week, all T-shirts, onsiesand equipment used to make them, as well as any accounting of any profits, 'to avoid resorting to litigation.'".

The artist claims her "parody" is "protected by the free speech provisions of th First Amendment to the U.S. Constitution." She also said that "'no reasonable person would be confused by the parody,'" and that "before she publicized her "'got breastmilk'" products, she did a quick scan on the Internet and found plenty of others already using just that slogan." She hired a local attorney and is waiting for a respose to an e-mail she sent in reply to the C&D.

It's not a domain TM, but has all the similarities and is worth following. There is much more to the story, of course. This story ran in the Alaska Daily News today. More can be found online and at http://searchalaska.adn.com/sp?keywo...nd+%BB&aff=100..

Comments (5)

Many companies are overprotective of their TM. This is clearly a parody and any rational person would see it that way. That being said, I am not sure of the legalities of a parody. If this was a revenue generating business it is certainly something I would fight...

Comment #1

That's just non-sense!!!.

Can she go to jail if she doesn't have an attorney and lose at court, considering the company would take it to court?..

Comment #2

First of all I don't personally think there is much of a case legally, as it seems like a clear parody. However, even under worst case scenario you would not go to jail. This is a civil matter only...

Comment #3

What's next, a C & D letter from Hooters?..

Comment #4

Haha... you made my day, thanks. Interesting development though... I believe they are overreaching. Nobody in their right mind would confuse "got breastmilk" with the infamous "got milk"...

Comment #5


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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