Note to law firms: before you send a ridiculous cease and desist order to a blogger remember there is strength in numbers.While bloggers may not have the funds to fight you in court, they can fight back in the blogosphere. And, they will.
Visit CafePress.com and you'll find lots of T-Shirts ,buttons ,and bumper stickers inspired by the National Pork Board's very successful promotion ,The Other White Meat.
From Gefilte Fish, to Republicans,to Blondes, to Tofu, people have been marketing their own version of the other white meat without a peep from the National Pork Board.
So when Jennifer Laycock, a well-known search engine marketer and breastfeeding advocate decided to create The Lactivist, a blog about breastfeeding, she decided to help fund the site and raise money for breast milk banks by selling T-Shirts.
I have a CafePress store that sells t-shirts with funny pro-breastfeeding slogans. Things like "Milk on Tap" and "That's my baby's lunch you're staring at." Thus...the shirt that read "the other white milk."
I received a letter this morning from Jennifer Daniel Collins, an attorney at Faegre & Benson that represents The National Pork Board. It stated, for the most part, that my use of the phrase "the other white milk" violates their trademark on the phrase "the other white meat." As such, they've demanded that I remove the shirt, demanded that the image of the shirt be removed from any site I know of, demanded that I destroy any shirts that exist with the logo and demand that I not at any point in the future use the phrase in a commercially profitable way.
Turns out, the real reason the Pork Board sent her the cease and desist order is because they somehow got it in their heads that she was promoting an adult breastfeeding fetish.
"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??!
Are you freaking kidding me?
In her post, Laycock asked bloggers for their support. Blog they did :
"Danny Sullivan at Search Engine Land offers up: National Pork Board Goes After Breastfeeding Search Marketer and National Pork Board Says: Breastfeeding is a Viable Trademark Threat.
Six Degrees of Bacon writes National Pork Board + Lawyers = Boobs.
Kerflop cautions Hold on to your bacon ladies.
Shoemoney says Big Bully Pork Group Stomps on Breastfeeding Moms
The cucking stool sagely explains Lawyer Jennifer gets testy!
Thomas Claburn at Information Week points out National Pork board Stumbles Into Hornet's Nest of Bloggers
Matt Bailey at Site Logic Marketing declares National Pork Board Protects Their Images While I Have Beef for Dinner"
an McAnerin muses on Copyright, Trademarks and Pork MilkRichard Ball at Apogee Weblog states The National Pork Board Hamstrung by the Other White Milk
Kickass at Blogher says These porkers are unbelievable
Jason Lee Miller at WebPro News declares Search Marketers Declare War on Pork
Evil Green at Filthy Jack asks Will Someone Please Sue Me?
Roger at Blogging Baby says National Pork Board's Reputation Tarnished by BreastfeedingL
Within 48 hours the CEO of the National Pork Board had sent an apology and as Laycock posted, "we are currently working on a resolution."
So what really happened? Why did the Pork Board think that Laycock was promoting an adult breastfeeding fetish? My hunch is that the lawyers jumped to a conclusion because of Jennifer's last name. Somehow when the attorneys saw the words lay, cock, and breasts they automatically went to the darkside. But that's just a hunch.
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