Comments on: Cal. Milk Board wants TM for “got breastmilk?” http://blogs.law.harvard.edu/ethicalesq/2008/12/01/cal-milk-board-wants-tm-for-got-breastmilk/ breathless punditry and one-breath poetry with David Giacalone Fri, 11 Sep 2009 18:58:52 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: David Giacalone http://blogs.law.harvard.edu/ethicalesq/2008/12/01/cal-milk-board-wants-tm-for-got-breastmilk/comment-page-1/#comment-210066 David Giacalone Sun, 07 Dec 2008 23:29:46 +0000 http://blogs.law.harvard.edu/ethicalesq/?p=10341#comment-210066 Hello, Barbara. Thanks for stopping by and giving us your perspective. It will be interesting to see what your lawyer thinks about how to play the fact that you were using the term before the Board either used it or applied for the mark. What's funny is that their cease and desist letter gave your mark national recognition -- far greater than before the Board tried to stop you. Best wishes as the story unfolds further. Hello, Barbara. Thanks for stopping by and giving us your perspective. It will be interesting to see what your lawyer thinks about how to play the fact that you were using the term before the Board either used it or applied for the mark.

What’s funny is that their cease and desist letter gave your mark national recognition — far greater than before the Board tried to stop you. Best wishes as the story unfolds further.

]]> By: Barbara Holmes http://blogs.law.harvard.edu/ethicalesq/2008/12/01/cal-milk-board-wants-tm-for-got-breastmilk/comment-page-1/#comment-210062 Barbara Holmes Sun, 07 Dec 2008 22:31:17 +0000 http://blogs.law.harvard.edu/ethicalesq/?p=10341#comment-210062 I am Ms. Holmes and I think they want it so they can go after people like me. They didn't have a case and are leaving me alone now. They also see the $ maker it could be and want to cash in. It's all just big business and I will be very disappointed if they get approved for this ridiculous trademark claim. Unless they are planning to bottle and sell breastmilk it makes no sense for them to own it! I am Ms. Holmes and I think they want it so they can go after people like me. They didn’t have a case and are leaving me alone now. They also see the $ maker it could be and want to cash in. It’s all just big business and I will be very disappointed if they get approved for this ridiculous trademark claim. Unless they are planning to bottle and sell breastmilk it makes no sense for them to own it!

]]> By: David Giacalone http://blogs.law.harvard.edu/ethicalesq/2008/12/01/cal-milk-board-wants-tm-for-got-breastmilk/comment-page-1/#comment-209599 David Giacalone Wed, 03 Dec 2008 12:39:21 +0000 http://blogs.law.harvard.edu/ethicalesq/?p=10341#comment-209599 Hi, John. Thanks for commenting. I actually had a sentence in an earlier draft of this post suggesting that Holmes' onesies might have given the Board the idea for the product line. Not being mind-readers, we pundits have to do a lot of assuming and presuming. I decided merely to ask the experts like yourself to tell us what the prior use by Holmes and others might mean for the trademark application on "got breastmilk?" Another issue is when or whether they really have to have such a line of products to get TM protection. Applying for the mark might be just another way of trying to stop the use of the phrase despite not have any strong argument that it weakens the original "got milk?' trademark. Hi, John. Thanks for commenting. I actually had a sentence in an earlier draft of this post suggesting that Holmes’ onesies might have given the Board the idea for the product line. Not being mind-readers, we pundits have to do a lot of assuming and presuming. I decided merely to ask the experts like yourself to tell us what the prior use by Holmes and others might mean for the trademark application on “got breastmilk?” Another issue is when or whether they really have to have such a line of products to get TM protection. Applying for the mark might be just another way of trying to stop the use of the phrase despite not have any strong argument that it weakens the original “got milk?’ trademark.

]]> By: john troll http://blogs.law.harvard.edu/ethicalesq/2008/12/01/cal-milk-board-wants-tm-for-got-breastmilk/comment-page-1/#comment-209582 john troll Wed, 03 Dec 2008 09:56:55 +0000 http://blogs.law.harvard.edu/ethicalesq/?p=10341#comment-209582 I wouldn't be so quick to give the Milk Processor Board or their lawyers credit for such foresight. Based on their trademark application it is very possible that they had no interest in broadening their franchise until AFTER they encountered Ms. Holmes. And, under tradtional principles of trademark law the Milk Processor Board may be stepping on Ms, Holmes legal toes if they use the phrase on baby products. I wouldn’t be so quick to give the Milk Processor Board or their lawyers credit for such foresight. Based on their trademark application it is very possible that they had no interest in broadening their franchise until AFTER they encountered Ms. Holmes. And, under tradtional principles of trademark law the Milk Processor Board may be stepping on Ms, Holmes legal toes if they use the phrase on baby products.

]]> By: Magyar http://blogs.law.harvard.edu/ethicalesq/2008/12/01/cal-milk-board-wants-tm-for-got-breastmilk/comment-page-1/#comment-209490 Magyar Tue, 02 Dec 2008 21:31:08 +0000 http://blogs.law.harvard.edu/ethicalesq/?p=10341#comment-209490 Um... so single minded, this society in which we live, 'tis often embarrasing to clear thinking folks. _m 'GOT BILKed ?' Um… so single minded, this society in which we live, ’tis often embarrasing to clear thinking folks. _m
‘GOT BILKed ?’

]]> By: Mark Randazzo - The Legal Satyricon http://blogs.law.harvard.edu/ethicalesq/2008/12/01/cal-milk-board-wants-tm-for-got-breastmilk/comment-page-1/#comment-209428 Mark Randazzo - The Legal Satyricon Tue, 02 Dec 2008 12:42:51 +0000 http://blogs.law.harvard.edu/ethicalesq/?p=10341#comment-209428 [...] Spat Over “Got Breastmilk?” David Giacalone at f/k/a follows the money in a strange trademark [...] [...] Spat Over “Got Breastmilk?” David Giacalone at f/k/a follows the money in a strange trademark [...]

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