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Got Lawsuits?
Talk about nursing a grudge. The California Milk Processor Board, owner of the ubiquitous "Got Milk" trademark, sent a cease and desist letter to Alaska artist Barbara Holmes, putting her on notice that the "Got Breastmilk" T-shirts that she created infringe on its trademark. Holmes sold about six of the shirts over two years ago, and has since moved on to other projects.
Holmes is taking the C&D letter seriously, though. She's hired Talkeetna, Alaska, attorney Paul Bratton who has opined that Holmes' work is a parody protected by the Constitution. Bratton's letter to the Processor Board also noted that Holmes' T-shirts make the case for the benefits of breast-feeding and thus may constitute a form of protected speech.
But perhaps the very best defense in the case is raised by Holmes herself:
"They say I'm going to confuse milk consumers," she said. "How can you get confused between a boob and a bottle of milk from the store? They're two different kind of jugs."
With a quote like that, I'd say that the Milk Board's "got PR problems" with a case like this.
Posted by Carolyn Elefant on July 25, 2008 at 01:11 PM | Permalink
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