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Don't know if you'all have seen this yet. Is Hershey anti-bf???
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I don't know if Kiersten and Stephanie are MDC members, but I think that's a fabulous name for nursing wear! I hope their fight turns out well for them.

Hershey seeks to block Milkdudz name
HERSHEY, Pa. (AP) - Hershey wants to stop a California company from using the name Milkdudz for a line of clothing designed for breast-feeding mothers.
Hershey, which makes Milk Duds candy, said in a complaint to the U.S. Patent and Trademark Office that the nursing wear company's proposed brand name is confusingly similar to that of the round chocolate-covered caramels Hershey sells.

Milkdudz - "not your mommaz nursing wear" - sells garments for nursing mothers ranging from "Goddess Gowns" to tank tops.

Hershey said the clothier is trying to capitalize on Milk Duds' name recognition "to avoid having to build up its own brand." The complaint asks the Patent Office to block Milkdudz from registering its name. Hershey spokeswoman Stephanie Moritz declined to comment on the case.

Kiersten Wall, who co-founded Milkdudz with Stephanie Schulte in March 2004, said Hershey owns the trademark only for candy, not for clothing, and vowed that her Temecula, Calif., company will fight the candy producer.

"It's not like we'd be right next to them in the candy aisle. We're in boutiques," Wall told The Patriot-News of Harrisburg, Pa. "We're not anywhere close to competing with Hershey's."
 

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Wow, Milkdudz is a great name for the clothing line!

I don't know if Hershey's is anti-bf, but simply having filed this opposition probably isn't evidence enough to conclude that they are. Unfortunately, the law requires the owner of a trademark (regardless of their personal opinions) to zealously defend that mark from infringement by other users. If an owner fails to defend against one infringer, that may be used as evidence, later, that the owner "waived" their rights in the mark, and that the mark has become "generic" through widespread use by others (i.e., think of KLEENEX, or XEROX, or even ASPIRIN - which was originally a brand name - for examples). Now since Hershey's and Milkdudz are not offering similar or closely related products under the mark, Hershey's must be proceeding under the theory of dilution. This is available for marks that have become "famous". The idea is that, even though products do not compete, Milkduds (the candy) is so well-known that people will think Milkdudz (the clothing) is somehow related, and there is a possibility that the famous mark will be "tarnished".

All of that being said, I hope Hershey's has a crappy case and that Milkdudz wins. Also there's always the possibility for settlement (limiting the Milkdudz uses and future uses in ways that Hershey can live with, etc.)
 

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Quote:

Originally Posted by wendy1221
Yeah. The name didn't even make me think of chocolate at all. And Now I really want to check their store out!

Yeah...it does seem more appropriate for nursing wear than candy...and milk duds are gross anyhow, LOL!!
 

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Quote:

Originally Posted by SKK
Wow, Milkdudz is a great name for the clothing line!

I don't know if Hershey's is anti-bf, but simply having filed this opposition probably isn't evidence enough to conclude that they are. Unfortunately, the law requires the owner of a trademark (regardless of their personal opinions) to zealously defend that mark from infringement by other users. If an owner fails to defend against one infringer, that may be used as evidence, later, that the owner "waived" their rights in the mark, and that the mark has become "generic" through widespread use by others (i.e., think of KLEENEX, or XEROX, or even ASPIRIN - which was originally a brand name - for examples). Now since Hershey's and Milkdudz are not offering similar or closely related products under the mark, Hershey's must be proceeding under the theory of dilution. This is available for marks that have become "famous". The idea is that, even though products do not compete, Milkduds (the candy) is so well-known that people will think Milkdudz (the clothing) is somehow related, and there is a possibility that the famous mark will be "tarnished".

All of that being said, I hope Hershey's has a crappy case and that Milkdudz wins. Also there's always the possibility for settlement (limiting the Milkdudz uses and future uses in ways that Hershey can live with, etc.)
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I don't think Hershy is anti BF; they're just doing what companies do.
But the argument is pretty lame:

Quote:

Hershey said the clothier is trying to capitalize on Milk Duds' name recognition "to avoid having to build up its own brand."

Um... slightly different market, yk?
 

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Eh, I can see Hershey's point. Milkduds has some meaning other than the candy. The word doesn't exist (or didn't) outside of Hershey's use of it. I can understand them not wanting someone else to use it.
 

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Quote:

Originally Posted by annettemarie
Eh, I can see Hershey's point. Milkduds has some meaning other than the candy. The word doesn't exist (or didn't) outside of Hershey's use of it. I can understand them not wanting someone else to use it.
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Wow, I really like the longer goddess gown. I want one even though I'm not nursing. Or maybe I should buy one now in case they aren't around when I have #2 in ....5-10 years.

That said, I don't blame Hershey for being mad. It is a total rip off of the name. yes, diffrent market but still.
 

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i doubt that they are personally upset, it would just set a lousy precedent. their lawyers are doing what they pay lawyers to do, which is protect their assets.

(and if i can't have nestle, don't take away my hershey's! it's s'mores season!)

susan
 
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