Jennifer Laycock Threatened With Lawsuit Options

[cre8pc]

This just floors me.

Jen's breastfeeding website reports that the USA Pork industry has threatened her with a lawsuit because she used the slogan "the other white milk" on a t-shirt promoting breastfeeding awareness.

The money she generates from her t-shirts go towards a breastmilk bank (where it can be stored and used by babies who need it, have mom's who can't nurse, etc.)

So far, that particular t-shirt earned $8

And she was ordered to remove it for a trademark violation?

Overzealous Big Pork Stomps on Breastfeeding Blogger

Blogging Mom Threatened by the Pork Industry over T-shirt Slogan

What is going on here?

[AbleReach]

What floors me is that it took Big Pork this long to spot her. They should hire Jen for her SEO-related branding smarts! First, they'd have to get enough of a sense of humor to be able to differentiate between a wholesome market segment and a fetish. Sheesh!

[Cath]

No idea what's going on, but it seems quite obvious that Jennifer Daniel Collins and the National Pork Board don't have enough porker related work to do.

I simply can't see the connection between breast milk and pigs, pigs have only ever made me think of bacon butties

I wish Jennifer all the breast in her fight if she decides to go ahead.

[bragadocchio]

A company that made a non-dairy hemp-based milk, Tierra Madre, LLC, was using the trademarked term "The Other White Milk" from July 17, 2000 to March 13, 2003, when they abandoned it. Don't know the backstory, but it looks like they may have abandoned it because of an action of the US Drug Enforcement Agency to ban hemp based products than included "harmless trace amounts of THC."

Here's the latest filing from the Pork folks on the trademark:

Word Mark THE OTHER WHITE MEAT

Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: COOKBOOKS, BROCHURES ABOUT PORK, PENS, PENCILS, CRAYONS, BUMPERSTICKERS, AND STICKERS. FIRST USE: 19970000.

FIRST USE IN COMMERCE: 19970000
IC 025. US 022 039. G & S: SHIRTS, T-SHIRTS, SWEATSHIRTS, APRONS, JACKETS, AND HATS. FIRST USE: 19970000. FIRST USE IN COMMERCE: 19970000

IC 043. US 100 101. G & S: PROVIDING AN INTERNET WEB SITE FEATURING FOOD PREPARATION/COOKING INFORMATION REGARDING PORK AND ACCOMPANYING RECIPES. FIRST USE: 20000600. FIRST USE IN COMMERCE: 20000600

Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Design Search Code
Serial Number 78648718
Filing Date June 10, 2005
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition May 23, 2006
Registration Number 3129186
Registration Date August 15, 2006
Owner (REGISTRANT) National Pork Producers Council CORPORATION IOWA 10664 Justin Drive Urbandale IOWA 50322
(LAST LISTED OWNER) NATIONAL PORK BOARD BOARD CREATED UNDER A FEDERAL STATUTE UNITED STATES 1776 N.W. 114th Street Clive IOWA 50325

Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record David W. Grace
Prior Registrations 1486548
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL

There are two other variations of that which are listed as live over at the USPTO. This one does include use of the phrase on tshirts and other clothes. But the phrase is "the other white meat" and not "the other white milk."

This appears to be a non-competing, non-commercial use of a phrase that is similar to the trademark, which might be a defense in many cases, though Courts might ignore those criteria for especially famous trademarks.

She should talk to a lawyer before doing too much more. Who knows, but the best step might be to trademark the phrase "the other white milk."

[cre8pc]

Is it standard procedure to send letters making demands and threatening lawsuits, or is there such a thing as having a civil discussion first?

What boils me is how the Pork industry handled this matter by being a bully to a small-time operation, over a shirt that up until now, hardly anyone had even heard of.

Like where in the heck is Jen supposed to get the money to defend herself? She really had no choices here, in my mind, but to sit down, shut up and obey.

[test-ok]

I wouldn't doubt the Pork industry is just looking for some free advertisement...if this get picked up by some news channel.
I can't see how she is copyright infringing on their slogan. "the other white milk" isn't their slogan...which makes me think they have a different reason behind it. But then again if a lawyer is involved somewhere it could be for a couple of wild reasons.

Is it standard procedure to send letters making demands and threatening lawsuits, or is there such a thing as having a civil discussion first?

A lot of big bully type companies do that.

This post has been edited by test-ok: Feb 1 2007, 06:12 PM

[EGOL]

I think that those porkers needs their butts whipped. Who do they think they are?

[test-ok]

Isn't the phrase "Pork the other white meat" and not "The other white meat" or do they claim each and every word? if so thats kinda piggish of em.

[joedolson]

Man, that's really crappy.

I don't think that the lawsuit has any feet - but as you said, how on earth can Jennifer afford to defend herself?

I haven't got any serious problems about lawsuits with grounds - but this just doesn't cut it.

[bragadocchio]

The National Pork Board is overseen by the USDA, and is comprised of members from the pork industry who are appointed to positions on the board.

That means that complaints to our representatives in Washington, DC, may have some effect on this.

It's worth firing a few letters off to those folks.

The sale of the trademark to the National Pork Board last year appears to be kind of shady, too.

I'd like to know more.

[Karl Ribas]

The thing that really bothers me about this whole ordeal is that, as Kim said, the T-Shirt sales go towards a really worthy cause. It's not like Jennifer's directly profiting from it (especially if she's only made $8). What kind of message is the Pork Industry trying to send by picking on a small, non-competing company promoting such a cause? Sounds to me like a PR nightmare to me.

[cre8pc]

Danny Sullivan has weighed in.

National Pork Board Goes After Breastfeeding Search Marketer

Frankly, the letter to Jennifer tarnishes the National Pork Board's reputation more than her T-shirts could possibly have done.

To contact the Pork Industry, use this form

I just did

[Karl Ribas]

That's a great run-down! I'm glad Danny has commented on this event. I think more people should... maybe something good will come of it.

[Mano70]

I see this is at the front of Digg now, and I also see users from Digg have sent mails/are pointing to the Pork industries contact form. Hopefully Digg can be a good experience for Jen.

[EGOL]

lol... if you search google for... "The Other White Meat".. you will see that there are lots of other takes on the exact slogan ... Here's just one...
http://www.prankplace.com/tshirts_cat.htm

[AbleReach]

Searching Cafe Press for "the other white meat" gives similar results.

[rmccarley]

I think I'll be unpopular but I think the pork people should protect their message. This is what copyright and trademark laws are for. It's unfortunate that we can't pick and choose "good" organizations to exclude from this rule but some people would say some of the above references are ok too.

MHO

[DianeV]

Ick. I wish they'd left cats out of it (the items at CafePress).

I don't see how this can hold up. Their trademark references meat, not milk, and Jennifer's use of it can hardly be confusing to anyone.

[A.N.Onym]

I am not sure, Randall. I'd imagine a couple of companies with very, very different products can use the same byline - not company name, mind you - quite safely. Each will be targeting its own audience and it shouldn't be that problematic

[cre8pc]

I think Jen's got a concern about what the Pork lawsuit is REALLY over and the subtle, or not, meaning or intent:

"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."

Go back and read that again. "apparent attempt to promote the use of breastmilk beyond merely for infant consumption."

Do they think I'm trying to an promote an adult breastfeeding fetish??!

As in, somebody at the Pork place has some breast issues

Lawyers are paid a lot of money. Sadly, that apparently doesn't allow time for actual research before sending the cannons.