Thursday, October 27, 2005

Milkdudz vs. Milk Duds Trademark Dispute

**Update 10/28/05** ABC News/AP has picked up this story.

Milkdudz, a company that sells hip, sexy nursing wear, is reportedly in a trademark dispute with Hershey's, maker of "Milk Duds" candies:
Attorney Theresa Middlebrook representing Hershey’s is claiming that a third party consumer would be easily confused between Milkdudz 'not your mommaz nursing wear' and the chocolate covered caramel candy known as "Milk Duds." Also, Hershey's is claiming that Milkdudz 'not your mommaz nursing wear' will somehow tarnish the reputation of the candy. Hershey’s is demanding that the name of the breastfeeding apparel company be changed and the domain rights handed over to Hershey's as soon as now.
Yeah, whatever.

The writer of the press release goes on to explain helpfully, for those who might have skipped Trademarking 101:
While Hershey's had the "Milk Duds" mark officially trademark in 1970, they only marked in the category of CANDY. When adding a trademark to any name/logo, there are many different categories in which you can have exclusive rights to, and while marking "Milk Duds," Hershey’s only marked it in the category "candy" so that technically left the category of "apparel" open.
On a (vaguely) related topic, Breastfeeding Witch Causing Stir In Vermont.

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