Wednesday

GOT BLOG? GOT MILK? GOT JUGS? GOT BREASTMILK? GOT A LOT OF NERVE MISTER!

Some may say Welcome Back! Others may say Lordie he's back! I say ain't life grand.
Well not so grand if you're the California Milk Processor Board. Perhaps smitten with the success of the GOT MILK? campaign and further perhaps cautioned by their lawyers with words of wisdom like " you've got to protect your intellectual property" or " if you don't enforce your rights you will lose them" the Moo Board went after a lady who was promoting breastfeeding by using the phrase "got breastmilk " on items of baby clothing. This prompted many observers to make the now all too frequent comment that the US has become overlawyered , and as a result, common sense often is a victim.

In a December 1,2008 post the blogsite f/k/a, who, in July, had criticized the Moo Board and their lawyers felt the need to qualify their earlier criticism. Why you ask?
Because the Moo Board has now filed its own application to federally register the phrase "got breastmilk" as a trademark for a variety of baby care products.
You might then exclaim "I didn't' know that the California Milk Processor Board/Moo Board was in the business of selling baby items." Well, based on their trademark application, they ain't yet in the baby items business.
One of the bedrock principles of US trademark law is " all things being equal the first person to adopt a trade symbol and use it commercially wins"

It will be very interesting to see whether any of the several folks who have been hassled by the Moo Board reacts to this application. For you insider trademark baseball fans there is another question: " just what does the phrase" to the best of applicant's knowledge no other person has the right..." really mean?

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