The Lactivist vs. The Pork Producers - Mothering Forums

Reply
 
Thread Tools
#1 of 95 Old 02-01-2007, 02:44 PM - Thread Starter
~pi
 
~pi's Avatar
 
Join Date: May 2005
Posts: 3,670
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
The woman who runs this blog:

http://thelactivist.blogspot.com/

has received a cease and desist letter from The National Pork Board regarding one of her CafePress Tshirts, which had the slogan, "The Other White Milk."

Apparently, part of their concern was that she was "tarnishing" the reputation of the National Pork Board's mark.

After consulting with a lawyer, she has complied with their requests (remove the shirt from her CafePress shop, send proof that she has done so, destroy any items containing the slogan -- she says she sold only two of that particular slogan, so no biggie -- and promise never to do it again) but she wants to bring a little attention to this ridiculous issue.

She says she will have a full blog post up about this shortly.

almost irrational
~pi is offline  
Sponsored Links
Advertisement
 
#2 of 95 Old 02-01-2007, 02:57 PM
 
firstkid4me's Avatar
 
Join Date: Nov 2005
Location: Cranberry, PA
Posts: 3,132
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Why did she even comply? I mean, pigs nurse too!
firstkid4me is offline  
#3 of 95 Old 02-01-2007, 03:13 PM
 
hunnybumm's Avatar
 
Join Date: Nov 2003
Location: Goldsboro, NC
Posts: 3,387
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Well, I hate to sound like an anti-lactivist but she is using their slogan. Is their slogan trademarked? If so then isn't she in the wrong for trademark enfringment? I'm not saying that their reason isn't lame, because it is. But I can understand the pork people not wanting their product associated with lactivism. Some one correct me if I am wrong on the trademark thing.
hunnybumm is offline  
 
#4 of 95 Old 02-01-2007, 03:30 PM
 
CallMeMommy's Avatar
 
Join Date: Jun 2005
Location: MN, USA
Posts: 4,120
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
But it's not even their slogan. Their's is "The Other White MEAT", not milk. Jerks.

Single mom to 3 boys
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
CallMeMommy is offline  
#5 of 95 Old 02-01-2007, 03:37 PM
 
CherryBomb's Avatar
 
Join Date: Feb 2005
Location: Indiana
Posts: 7,885
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
I don't understand what they're problem is. Her slogan is slightly different, and unless they can prove there's a reasonable chance that someone would mistake her shirts as referring to pork, I don't think there's anything they can do. SPAM tried to sue groups for promoting "Spam blockers" and the case was thrown out because the judge said it was unlikely that anyone would confuse it for the food product.
CherryBomb is offline  
#6 of 95 Old 02-01-2007, 03:39 PM
 
hunnybumm's Avatar
 
Join Date: Nov 2003
Location: Goldsboro, NC
Posts: 3,387
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
But it's an odvious rip off (or parody or whatever the right word is) of their slogan. Like I said, I think their reason is stupid, but what if the tables were turned? Like if a BFing friendly slogan (which was copy writted) was slightly altered to promote circ or formula, wouldn't that upset you? There are so many good completely original pro-BFing slogans out there. I personally see why they don't want someone else altering their slogan for profit, reguardless of what it is promoting.
hunnybumm is offline  
#7 of 95 Old 02-01-2007, 03:54 PM
 
Momtwice's Avatar
 
Join Date: Nov 2001
Posts: 10,142
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
So I'm the only one annoyed by the pork board insulting breastfeeding with the idea that these shirts tarnish their image?

Take the time to heal from your marriage before you move on with someone else. Make a list of all the qualities you would like in a new partner and then work on growing that way yourself. ~mandib50
Momtwice is offline  
#8 of 95 Old 02-01-2007, 04:32 PM
 
CathMac's Avatar
 
Join Date: Jan 2006
Posts: 3,685
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
In a similar case the BF friendly line of clothing "Milk Dudz" (sp?) won when the manufacturer of the candy, "Milk Duds" sued, (I didn't actually see this in the news. I read it on these boards. Someone correct me if I'm wrong.)

In that case the words were nearly identical and only the spelling was different. I think if this lady had the money and the wherewithal to fight she would win. If I were her and I couldn't afford to fight it I would go looking for a BF friendly operation (perhaps Milk Dudz) and sell my interest to them and let them fight it (and probably win).

Having said that, in response to MomTwice's question regarding the claim that their image is being tarnished, my understanding is that this is a pre-requisite to making this type of claim. I can almost guarantee you that if Carmellite Nuns or Hindu Monks were marketing organic milk and using that phrase the pork industry would be making the same claim with the exact same allegations regarding "tarnished" image.
~Cath
CathMac is offline  
#9 of 95 Old 02-01-2007, 05:42 PM
 
Romana's Avatar
 
Join Date: Mar 2006
Posts: 4,190
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Please, before you write this lactivist off as some kind of wacko, read her blog entry about this:

http://thelactivist.blogspot.com/200...stomps-on.html



Julia
dd 10 mos
Romana is offline  
#10 of 95 Old 02-01-2007, 05:45 PM
 
Romana's Avatar
 
Join Date: Mar 2006
Posts: 4,190
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
If this case went to the Supreme Court, you can bet she'd win. You can look up Victor's Secret for another case that was much more iffy and Victor won.

But she can't afford to hire the lawyers necessary to fight the Pork People. If you knew the law (which I wouldn't expect anyone to) you'd know that the only reason the Pork People are going to win this one is because they have more resources. According to the law, they're wrong.

(ok, so it's arguable, but if you look at past caselaw, it seems awfully clear to me that the lactivist is in the right).

Julia
dd 10 mos
Romana is offline  
#11 of 95 Old 02-01-2007, 05:45 PM
 
shmoo's Avatar
 
Join Date: Mar 2006
Posts: 95
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Is the standard tarnished image AND likelyhood of confusion? Or is it tarnished image or likelyhood of confusion?

I don't think it matters, but I don't know. I never studied or practiced trademark law.

But I would like to see the argument that being associated with breastfeeding tarnishes anything! : :

As for confusion, is the Pork Board seriously arguing that Joe Q Public would check his plan for pork chops for dinner in favor of breastmilk after seeing a The Other White Milk t-shirt?!
shmoo is offline  
#12 of 95 Old 02-01-2007, 06:27 PM
 
siobhang's Avatar
 
Join Date: Oct 2005
Location: Annandale, VA
Posts: 2,407
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Most companies pay millions of dollars for their marketing campaigns and brand management, which is why they get so kneejerk about any seeming violation of their trademark.

Oh, and there is a form letter that most corporate lawyers have demanding "cease and desist" for copyright or trademark infringement. Don't take the language too seriously - they use it for every perceived trademark infringement.

I do think she would have had a case if she had the money to fight it. But most of the time it isn't worth the effort, unfortunately

You know the attributes for a great adult? Initiative, creativity, intellectual curiosity? They make for a helluva kid...
siobhang is offline  
#13 of 95 Old 02-01-2007, 07:04 PM
 
thejenn's Avatar
 
Join Date: Apr 2006
Posts: 40
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Hey all, it's me, the lactivist.

To note, I haven't yet decided if I'll comply or not. I was leaning toward complying simply due to not really having the time/energy for a court battle right now, but now am undecided as I've been swamped with emails and have several pro bono lawyer references being sent my way.

I've got until the 5th, so the goal right now is to get enough bad publicity for them to get them to back off the suit.

As someone has pointed out, their trademark is on "the other white meat" whereas my shirt says "the other white milk." It's not even the same logo, font, or anything.

It appears to be shooting through the blog world right now, so we'll see what happens. To note, I'm going to add a link to this thread to the post. Trying to send out links to everyone that has mentioned it or is supporting it.
thejenn is offline  
#14 of 95 Old 02-01-2007, 07:15 PM
 
CallMeMommy's Avatar
 
Join Date: Jun 2005
Location: MN, USA
Posts: 4,120
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Hee-hee, I just sent it out as a myspace bulletin

Single mom to 3 boys
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
CallMeMommy is offline  
#15 of 95 Old 02-01-2007, 07:16 PM - Thread Starter
~pi
 
~pi's Avatar
 
Join Date: May 2005
Posts: 3,670
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Momtwice View Post
So I'm the only one annoyed by the pork board insulting breastfeeding with the idea that these shirts tarnish their image?
That's my main concern with this. It's one thing to say, "Hey, you're parodying our slogan, please stop." It's entirely another to say, "It is tarnishing our reputation to be associated with you."

Quote:
Originally Posted by Romana9+2 View Post
Please, before you write this lactivist off as some kind of wacko, read her blog entry about this:

http://thelactivist.blogspot.com/200...stomps-on.html



Julia
dd 10 mos
:

almost irrational
~pi is offline  
#16 of 95 Old 02-01-2007, 07:33 PM
 
frenchie's Avatar
 
Join Date: Mar 2006
Location: Surf City California
Posts: 1,615
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Just like when Hershey's...or was it Mars? Anuhow...they sued Milk Dudz, a small company that made clothes for mommas who nurse. They said she was infringing on their copyright for the candy Milkduds.
They were extremely harsh with her...I don't really remember the outcome, but they were sueing her for a large amount of royalties!!!
frenchie is offline  
#17 of 95 Old 02-01-2007, 07:46 PM
 
luckydog's Avatar
 
Join Date: Nov 2006
Location: Arizona
Posts: 1,309
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by hunnybumm View Post
Well, I hate to sound like an anti-lactivist but she is using their slogan. Is their slogan trademarked? If so then isn't she in the wrong for trademark enfringment? I'm not saying that their reason isn't lame, because it is. But I can understand the pork people not wanting their product associated with lactivism. Some one correct me if I am wrong on the trademark thing.
I'm pretty sure she would have to be selling pork-related merchandise with their word for word slogan to be in violation of their TM.

As if that's not enough, a case could probably be made for fair use (parody).

Side note: I WANT THIS TSHIRT!!!! OMG
luckydog is offline  
#18 of 95 Old 02-01-2007, 08:20 PM
 
minkajane's Avatar
 
Join Date: Jun 2005
Location: Columbus, OH
Posts: 5,143
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Quote:
"In addition, your use of this slogan also tarnishes the good reputation of the National Pork Board's mark in light of your apparent attempt to promote the use of breastmilk beyond merely for infant consumption, such as with the following slogans on your website in close proximity to the slogan "The Other White Milk." "Dairy Diva," "Nursing, Nature's Own Breast Enhancement," "Eat at Mom's, fast-fresh-from the breast," and "My Milk is the Breast."
Are you freaking KIDDING me??? What do they think she's promoting?

Mandy, )O(  Proud mommy of Taylor (1/6/05) jammin.gifand Abigail (4/21/11) slinggirl.gif
Loving wife of my gamer boy Michael. modifiedartist.gifBlog link in my profile! ribboncesarean.gif
minkajane is offline  
#19 of 95 Old 02-01-2007, 08:40 PM
 
Meiri's Avatar
 
Join Date: Aug 2002
Location: Murrysville, PA
Posts: 8,869
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Quote:
"In addition, your use of this slogan also tarnishes the good reputation of the National Pork Board's mark in light of your apparent attempt to promote the use of breastmilk beyond merely for infant consumption, such as with the following slogans on your website in close proximity to the slogan "The Other White Milk." "Dairy Diva," "Nursing, Nature's Own Breast Enhancement," "Eat at Mom's, fast-fresh-from the breast," and "My Milk is the Breast."
What gutter are their minds in that they think any of those slogans promote anything except infant nursing? Projecting much?

Seems to me that they are suggesting that their customers are so stupid as to be unable to tell pork from milk. Who's insulting whom here?

Pondering going back to eating more chicken, turkey bacon, and beef, rather than pork...I mean, why give our money to such complete idiots?

"What will you do once you know?"
Meiri is offline  
#20 of 95 Old 02-01-2007, 09:39 PM
 
christyc's Avatar
 
Join Date: Mar 2006
Location: NC
Posts: 1,496
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
This is just a case of big businesses beating up on a small fry just because they can. Her shirts are funny, and if everyone parodied on cafepress sued, there'd be very little left to buy. It's parody, not trademark infringement, plain and simple.

And to even SUGGEST that the "reputation" of PORK (which is nasty and unhealthy) could be tarnished by association with breast milk is insulting to mothers and completely ridiculous. MORONS!

Wife of one and mom of five, including my HBAC twins!
christyc is offline  
#21 of 95 Old 02-01-2007, 09:56 PM
 
sophmama's Avatar
 
Join Date: Sep 2004
Location: with a brush in my hand
Posts: 2,347
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Hmmmm... being associated with one of the healthiest foods available and most pure acts of humanity - breastfeeding - tarnishes their image? : Give me a frickin break. I'm so sick of people getting all pervy about what they think breastfeeding is! And projecting their pervy feelings all over the act!!!!!:
sophmama is offline  
#22 of 95 Old 02-01-2007, 09:56 PM
 
kkar's Avatar
 
Join Date: May 2005
Posts: 658
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Ugg - this just makes me furious! I hate the implication that breast milk somehow "tarnishes" the "good name" of pork! Seriously! My kids/family have infinitely benefited from years of breastfeeding - something that I can't say about our pork consumption. They should be thrilled to mentioned in the same breath as breast milk, especially considering breast milk's endorsement from just about every scientific and health organization in the world as a superior source of nourishment!

I think (and I'm sorry here, but the wording speaks for itself) that what they said and how they said it is an insult to all breastfeeding families. I sent them all a bunch of emails promising our family's boycott of American pork until they issue an apology for the wording and implications of their letter. And, I say, go for the lawsuit. But first, I would recommend getting the larger media behind the issue by going on the morning shows, etc. (however one goes about that...)

kkar.
kkar is offline  
#23 of 95 Old 02-01-2007, 09:58 PM
 
eightyferrettoes's Avatar
 
Join Date: May 2005
Posts: 5,193
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Hey, now, back up off the "nasty unhealthy" pork products! There's a traditional food if ever there was one.

This is clearly a case of lawyers doing what lawyers do-- making a very large mess out of nothing at all. Hilarious that they think she's marketing breastmilk for some nefarious purpose... though I suppose someone out there, somewhere, may be selling fetish milk or something weird like that.

Obviously not in this case. Hope she sticks it out, for the principle of the thing.
eightyferrettoes is offline  
#24 of 95 Old 02-01-2007, 10:05 PM
 
CathMac's Avatar
 
Join Date: Jan 2006
Posts: 3,685
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by thejenn View Post
Hey all, it's me, the lactivist.

To note, I haven't yet decided if I'll comply or not. I was leaning toward complying simply due to not really having the time/energy for a court battle right now, but now am undecided as I've been swamped with emails and have several pro bono lawyer references being sent my way.

I've got until the 5th, so the goal right now is to get enough bad publicity for them to get them to back off the suit.
Have you heard from "Milk Dudz" or anyone familiar with that case? I would think your position is as strong or stronger than theirs, and they won (or so I thought; no one has corrected me on this point). Perhaps you could work out an arrangement with them where they buy a percentage interest in your slogan, and part of their payment would be covering the cost of defending the suit.

Of course there are other BF'ing advocacy clothing lines out there that might be interested but given the time constraints Milk Dudz would be appealing to me (if I were you) because they already know the drill; you could probably work something out with them faster.

Good luck. BTW, clever slogan.

FWIW, I hope you stick to your guns.
~Cath
CathMac is offline  
#25 of 95 Old 02-01-2007, 10:12 PM
 
MommytoHHH's Avatar
 
Join Date: Sep 2006
Location: Lovely Georgia
Posts: 1,053
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by kkar View Post
I think (and I'm sorry here, but the wording speaks for itself) that what they said and how they said it is an insult to all breastfeeding families. I sent them all a bunch of emails promising our family's boycott of American pork until they issue an apology for the wording and implications of their letter. And, I say, go for the lawsuit. But first, I would recommend getting the larger media behind the issue by going on the morning shows, etc. (however one goes about that...)

kkar.
This.

Perhaps we could also organize a letter that people can send notifying the pork industry that they're being boycotted until *THEY* cease and desist from pursuing this issue and apologize to the Mama (and issue an apology to all BFing families).

Mama to two wonderful DDs (10/06 and 09/08) and expecting a DS 1/1/11!
MommytoHHH is offline  
#26 of 95 Old 02-01-2007, 10:29 PM
 
kkar's Avatar
 
Join Date: May 2005
Posts: 658
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
And here is another thought.

The board is so worried about the implication that breast milk might be used for anything other than infant nourishment - well - that family stuck in the snow in Oregon this past Thanksgiving found it enormously useful for the survival of their children. There are also a number of proven home remedies that utilize breast milk. If anything, the fact that we think of it as only infant nourishment is to the disadvantage of our larger society.
kkar is offline  
#27 of 95 Old 02-01-2007, 10:30 PM
 
ericswifey27's Avatar
 
Join Date: Feb 2005
Location: San Diego
Posts: 2,601
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by kkar View Post
Ugg - this just makes me furious! I hate the implication that breast milk somehow "tarnishes" the "good name" of pork! Seriously! My kids/family have infinitely benefited from years of breastfeeding - something that I can't say about our pork consumption. They should be thrilled to mentioned in the same breath as breast milk, especially considering breast milk's endorsement from just about every scientific and health organization in the world as a superior source of nourishment!

:

Mama to my spirited J, and L, my homebirth: baby especially DTaP, MMR (family vax injuries)
ericswifey27 is offline  
#28 of 95 Old 02-01-2007, 10:30 PM
 
ripcurlgirl26's Avatar
 
Join Date: May 2006
Location: Melbourne, Florida
Posts: 699
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I'm going to put it on my Myspace too. What BS. I hope you fight them tooth and nail, Jenn!
ripcurlgirl26 is offline  
#29 of 95 Old 02-01-2007, 10:34 PM
 
ColeysMama's Avatar
 
Join Date: Apr 2006
Location: Jacksonville, NC
Posts: 384
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Did anyone read the C&D? One of the things they are charging her with is "unfair competition." WT...?? She made $8 off the shirts. Where do they even come up with these things?

Off to myspace to send out a bulletin...
ColeysMama is offline  
#30 of 95 Old 02-01-2007, 11:20 PM
 
thejenn's Avatar
 
Join Date: Apr 2006
Posts: 40
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Hey guys, me again.

Fox and Friends is pretty good about pro-breastfeeding stuff. (My mom loves them, one of their main anchors has like, eleventy-million kids...)

You can submit story ideas on their site...

http://www.foxnews.com/foxfriends/index.html

Anyone willing to go and submit it? I did, as have some friends, let's see if we can get this rolling on the national news.
thejenn is offline  
Reply


User Tag List

Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page



Posting Rules  
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off

Online Users: 15,922

40 members and 15,882 guests
agentofchaos , anisaer , bananabee , BirthFree , Childrenareawesome , Dear_Rosemary , Deborah , Dovenoir , fljen , girlspn , greenemami , happymamasallie , hillymum , Hopeful2017 , joandsarah77 , jwood723 , katelove , kathymuggle , Lucee , manyhatsmom , MeanVeggie , Mirzam , NaturallyKait , oversoul86 , philomom , rcb215 , RollerCoasterMama , rubelin , shantimama , Shmootzi , Springshowers , sren , StarsFall , thefragile7393 , transylvania_mom , whosurmomma
Most users ever online was 449,755, 06-25-2014 at 12:21 PM.