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05.31.2006 (previous | next)
A Foray Into Trademark Law--the "Got Milk" wars

Last year I bought a top for breastfeeding at a Mimi Maternity store, a black tank top with the "got milk!" logo. Mimi Maternity is still selling the tank tops, at a hefty $30 a pop. There is a thriving market for used nursing tops on eBay. My stint as a practicing mammal being over, I posted my top on eBay to resell it. It attracted a lot of bidders.

Today the auction was pulled as a trademark violation along with all the others. "Got Milk" tank tops have vanished from eBay as if they never were. I am curious, surely Mimi Maternity is producing the tops under a license from the Milk Board? Otherwise one thinks they would have gotten themselves sued by now. In which case does the license prohibit resale? If so, it is supposed to bind me? Privity! Privity! The top then would surely need a special label... : ) Does anyone have any experience with this? Drop me a note... I'm interested in pursuing this dispute, to see what knowledge may be gleaned from the experience.

An update: Apparently Mimi Maternity does NOT have a license. Interesting. I must look up to see if there has been litigation.

posted by Solveig Singleton @ 9:19 AM | Counterfeit, Internet: P2P, Search Engines...

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