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Anyone Know a Good Lactivist Friendly Pro-Bono Lawyer

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  • Jennifer Evans
    Cause this Lactivist is going to get sued by the National Pork Board. Yep...got a C&D letter this morning from the National Pork Board s attorney claiming that
    Message 1 of 13 , Jan 31, 2007
      Cause this Lactivist is going to get sued by the National Pork Board.

      Yep...got a C&D letter this morning from the National Pork Board's
      attorney claiming that the shirt I sell on my pro-breastfeeding site
      that reads "The other white milk" is a trademark infringement on their
      trademark of the term "The other white meat."

      Apparently their lawyer is not familiar with parody? Or is honestly
      concerned that someone on a pro-breastfeeding blog might be genuinely
      confused and think that I'm promoting pork, but maybe just misspelled
      the shirt?

      The kicker is that their chief complaint seems to be:

      "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."

      Best I can figure, they looked at the shirt page and never bothered to
      read the rest of the site. Then they decided that my shirts were about
      promoting adult breastfeeding fetishes.

      I've been told that if I don't remove the shirt (it's down because
      CafePress removed it on word of potential lawsuit), DESTROY all shirts
      that feature the slogan (tough since I don't have contact info of who
      bought them) and promise to never, ever EVER use the phrase again,
      they WILL sue me.

      I've spoken with several lawyers, they don't have a leg to stand on in
      court. I can only assuming that they are counting on the fact that I'm
      small (the site's a hobby) and don't have the time, money or energy to
      fight them in court.

      I'm a viral marketing specialist. The ENTIRE search engine marketing
      community knows me, lots of the breastfeeding community knows me.
      You'd think after Delta, companies would learn not to mess with the
      breastfeeding moms...

      So, anyone out there up for helping on this? Do you know a lawyer that
      might help me fight this if it goes that far? Are you willing to help
      spread the word and start some letter writing campaigns (I have the
      email addresses of the lawyer, the marketing and the pr departments of
      the pork board)?

      My site isn't out there raking in the bucks. It made about $3000 last
      year which went in my kid's college fund. It's made about another
      $2000 that's been donated to the local milk bank. This site's about
      education, the money's far less than I'd make if I spent the time
      consulting with clients.

      I don't like bullies.
    • bscm13
      Maybe a pork boycott and an accompanying letter writing campaign on your behalf from pork-eating, breastfeeding mothers? I m willing to give up pork
      Message 2 of 13 , Feb 1, 2007
        Maybe a pork boycott and an accompanying letter writing campaign on
        your behalf from pork-eating, breastfeeding mothers? I'm willing to
        give up pork temporarily (and prod my vast extended family to do so)
        while sending letters.

        Marjorie-Helene
      • Janine Rush
        I belong to a weblog group (three actually) of lactivists, and they would love to know about this - and would help in anyway they can. Could I share this with
        Message 3 of 13 , Feb 1, 2007
          I belong to a weblog group (three actually) of lactivists, and they would love to know about this - and would help in anyway they can.  Could I share this with them?
           
          *Janine

           

        • Amy Philo
          I ll help you. This is kind of humorous. I am sure the pork industry doen t want the bad press they are about to get. Jennifer Evans
          Message 4 of 13 , Feb 1, 2007
            I'll help you. This is kind of humorous. I am sure the pork industry doen't want the bad press they are about to get.

            Jennifer Evans <jennifer@...> wrote:
            Cause this Lactivist is going to get sued by the National Pork Board.

            Yep...got a C&D letter this morning from the National Pork Board's
            attorney claiming that the shirt I sell on my pro-breastfeeding site
            that reads "The other white milk" is a trademark infringement on their
            trademark of the term "The other white meat."

            Apparently their lawyer is not familiar with parody? Or is honestly
            concerned that someone on a pro-breastfeeding blog might be genuinely
            confused and think that I'm promoting pork, but maybe just misspelled
            the shirt?

            The kicker is that their chief complaint seems to be:

            "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."

            Best I can figure, they looked at the shirt page and never bothered to
            read the rest of the site. Then they decided that my shirts were about
            promoting adult breastfeeding fetishes.

            I've been told that if I don't remove the shirt (it's down because
            CafePress removed it on word of potential lawsuit), DESTROY all shirts
            that feature the slogan (tough since I don't have contact info of who
            bought them) and promise to never, ever EVER use the phrase again,
            they WILL sue me.

            I've spoken with several lawyers, they don't have a leg to stand on in
            court. I can only assuming that they are counting on the fact that I'm
            small (the site's a hobby) and don't have the time, money or energy to
            fight them in court.

            I'm a viral marketing specialist. The ENTIRE search engine marketing
            community knows me, lots of the breastfeeding community knows me.
            You'd think after Delta, companies would learn not to mess with the
            breastfeeding moms...

            So, anyone out there up for helping on this? Do you know a lawyer that
            might help me fight this if it goes that far? Are you willing to help
            spread the word and start some letter writing campaigns (I have the
            email addresses of the lawyer, the marketing and the pr departments of
            the pork board)?

            My site isn't out there raking in the bucks. It made about $3000 last
            year which went in my kid's college fund. It's made about another
            $2000 that's been donated to the local milk bank. This site's about
            education, the money's far less than I'd make if I spent the time
            consulting with clients.

            I don't like bullies.



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            Try the free Yahoo! Mail Beta.

          • Amy Philo
            I m not a lawyer but I have a few friends... and I can help in other ways. Jennifer Evans wrote: Cause this Lactivist is
            Message 5 of 13 , Feb 1, 2007
              I'm not a lawyer but I have a few friends... and I can help in other ways.

              Jennifer Evans <jennifer@...> wrote:
              Cause this Lactivist is going to get sued by the National Pork Board.

              Yep...got a C&D letter this morning from the National Pork Board's
              attorney claiming that the shirt I sell on my pro-breastfeeding site
              that reads "The other white milk" is a trademark infringement on their
              trademark of the term "The other white meat."

              Apparently their lawyer is not familiar with parody? Or is honestly
              concerned that someone on a pro-breastfeeding blog might be genuinely
              confused and think that I'm promoting pork, but maybe just misspelled
              the shirt?

              The kicker is that their chief complaint seems to be:

              "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."

              Best I can figure, they looked at the shirt page and never bothered to
              read the rest of the site. Then they decided that my shirts were about
              promoting adult breastfeeding fetishes.

              I've been told that if I don't remove the shirt (it's down because
              CafePress removed it on word of potential lawsuit), DESTROY all shirts
              that feature the slogan (tough since I don't have contact info of who
              bought them) and promise to never, ever EVER use the phrase again,
              they WILL sue me.

              I've spoken with several lawyers, they don't have a leg to stand on in
              court. I can only assuming that they are counting on the fact that I'm
              small (the site's a hobby) and don't have the time, money or energy to
              fight them in court.

              I'm a viral marketing specialist. The ENTIRE search engine marketing
              community knows me, lots of the breastfeeding community knows me.
              You'd think after Delta, companies would learn not to mess with the
              breastfeeding moms...

              So, anyone out there up for helping on this? Do you know a lawyer that
              might help me fight this if it goes that far? Are you willing to help
              spread the word and start some letter writing campaigns (I have the
              email addresses of the lawyer, the marketing and the pr departments of
              the pork board)?

              My site isn't out there raking in the bucks. It made about $3000 last
              year which went in my kid's college fund. It's made about another
              $2000 that's been donated to the local milk bank. This site's about
              education, the money's far less than I'd make if I spent the time
              consulting with clients.

              I don't like bullies.



              Don't pick lemons.
              See all the new 2007 cars at Yahoo! Autos.

            • Amy Philo
              I have another idea. Can you make up a shirt that says the pork industry doesn t like my shirt that said: The other White Milk and is suing me Or a picutre
              Message 6 of 13 , Feb 1, 2007
                I have another idea. Can you make up a shirt that says "the pork industry doesn't like my shirt that said:
                The other White Milk"
                and is suing me
                 
                Or a picutre of a pig with a big fat censored logo through it, put that up on your site, and / or send us the graphics for your original design with a big fat copyright with your name on it... we can put it up on a different account on CafePress and then all order the shirt at cost. They may not notice another account yet. FYI you can create an account for free if you only have one style of shirt you are selling, so theoretically every lactivist in the country could get their own shirt this way now that they know the slogan is banned. Let's see them shut down the entire cafepress site and then see how they like that!!!!!
                 
                Then we can all wear the shirts and do some sort of nurse out.
                 
                Do they not realize that now we can also go get these printed somewhere or do iron-on transfers? They are so stupid. I bet you will get a lot more business now than ever before for your kids' college fund once the blogs and media stuff gets going!
                 


                Jennifer Evans <jennifer@...> wrote:
                Cause this Lactivist is going to get sued by the National Pork Board.

                Yep...got a C&D letter this morning from the National Pork Board's
                attorney claiming that the shirt I sell on my pro-breastfeeding site
                that reads "The other white milk" is a trademark infringement on their
                trademark of the term "The other white meat."

                Apparently their lawyer is not familiar with parody? Or is honestly
                concerned that someone on a pro-breastfeeding blog might be genuinely
                confused and think that I'm promoting pork, but maybe just misspelled
                the shirt?

                The kicker is that their chief complaint seems to be:

                "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."

                Best I can figure, they looked at the shirt page and never bothered to
                read the rest of the site. Then they decided that my shirts were about
                promoting adult breastfeeding fetishes.

                I've been told that if I don't remove the shirt (it's down because
                CafePress removed it on word of potential lawsuit), DESTROY all shirts
                that feature the slogan (tough since I don't have contact info of who
                bought them) and promise to never, ever EVER use the phrase again,
                they WILL sue me.

                I've spoken with several lawyers, they don't have a leg to stand on in
                court. I can only assuming that they are counting on the fact that I'm
                small (the site's a hobby) and don't have the time, money or energy to
                fight them in court.

                I'm a viral marketing specialist. The ENTIRE search engine marketing
                community knows me, lots of the breastfeeding community knows me.
                You'd think after Delta, companies would learn not to mess with the
                breastfeeding moms...

                So, anyone out there up for helping on this? Do you know a lawyer that
                might help me fight this if it goes that far? Are you willing to help
                spread the word and start some letter writing campaigns (I have the
                email addresses of the lawyer, the marketing and the pr departments of
                the pork board)?

                My site isn't out there raking in the bucks. It made about $3000 last
                year which went in my kid's college fund. It's made about another
                $2000 that's been donated to the local milk bank. This site's about
                education, the money's far less than I'd make if I spent the time
                consulting with clients.

                I don't like bullies.



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              • Amy Philo
                me too Another shirt idea: PORK BOOBIE POLITICS with a circle and slash through a picture of a pig Or some pigs saying Eat mor chikin bscm13
                Message 7 of 13 , Feb 1, 2007
                  me too
                   
                  Another shirt idea:
                   
                  PORK BOOBIE POLITICS
                  with  a circle and slash through a picture of a pig
                   
                  Or some pigs saying
                   
                  "Eat mor chikin"

                  bscm13 <ganu_sa@...> wrote:
                  Maybe a pork boycott and an accompanying letter writing campaign on
                  your behalf from pork-eating, breastfeeding mothers? I'm willing to
                  give up pork temporarily (and prod my vast extended family to do so)
                  while sending letters.

                  Marjorie-Helene



                  Everyone is raving about the all-new Yahoo! Mail beta.

                • Lisa Carey
                  I have a friend who is a lawyer. I asked her if she has any ideas where you could go for help. L. ... From: Jennifer Evans To: lactivism@yahoogroups.com Sent:
                  Message 8 of 13 , Feb 1, 2007
                    I have a friend who is a lawyer.  I asked her if she has any ideas where you could go for help.

                    L.
                     
                     
                    ----- Original Message -----
                    Sent: 2/1/2007 6:08:28 AM
                    Subject: [lactivism] Anyone Know a Good Lactivist Friendly Pro-Bono Lawyer

                    Cause this Lactivist is going to get sued by the National Pork Board.

                    Yep...got a C&D letter this morning from the National Pork Board's
                    attorney claiming that the shirt I sell on my pro-breastfeeding site
                    that reads "The other white milk" is a trademark infringement on their
                    trademark of the term "The other white meat."

                    Apparently their lawyer is not familiar with parody? Or is honestly
                    concerned that someone on a pro-breastfeeding blog might be genuinely
                    confused and think that I'm promoting pork, but maybe just misspelled
                    the shirt?

                    The kicker is that their chief complaint seems to be:

                    "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."

                    Best I can figure, they looked at the shirt page and never bothered to
                    read the rest of the site. Then they decided that my shirts were about
                    promoting adult breastfeeding fetishes.

                    I've been told that if I don't remove the shirt (it's down because
                    CafePress removed it on word of potential lawsuit), DESTROY all shirts
                    that feature the slogan (tough since I don't have contact info of who
                    bought them) and promise to never, ever EVER use the phrase again,
                    they WILL sue me.

                    I've spoken with several lawyers, they don't have a leg to stand on in
                    court. I can only assuming that they are counting on the fact that I'm
                    small (the site's a hobby) and don't have the time, money or energy to
                    fight them in court.

                    I'm a viral marketing specialist. The ENTIRE search engine marketing
                    community knows me, lots of the breastfeeding community knows me.
                    You'd think after Delta, companies would learn not to mess with the
                    breastfeeding moms...

                    So, anyone out there up for helping on this? Do you know a lawyer that
                    might help me fight this if it goes that far? Are you willing to help
                    spread the word and start some letter writing campaigns (I have the
                    email addresses of the lawyer, the marketing and the pr departments of
                    the pork board)?

                    My site isn't out there raking in the bucks. It made about $3000 last
                    year which went in my kid's college fund. It's made about another
                    $2000 that's been donated to the local milk bank. This site's about
                    education, the money's far less than I'd make if I spent the time
                    consulting with clients.

                    I don't like bullies.

                  • Lisa Carey
                    This is what I got from an attorney friend of mine. Not what I wanted to hear but it seems to be good advice. Good luck what ever way you go and I will help
                    Message 9 of 13 , Feb 1, 2007

                      This is what I got from an attorney friend of mine.  Not what I wanted to hear but it seems to be good advice.  Good luck what ever way you go and I will help any way I can.

                       

                       

                      Yikes.  I don�t know anyone who would go all the way to court on a probono basis in this situation.  If it were for a great cause, some organization may help out.  Maybe a breastfeeding support group or a medical group that promotes breastfeeding could find the political message about breastfeeding important enough to help.  But, honestly, no matter how passionately we feel about the importance of breast milk and breastfeeding as individuals, and no matter how �technically: correct your friend is about anyone truly getting confused, this is really about �commercialism� and I think that is how a court would see it.  If she just said it for �fun� it would be one thing, but she has it on a shirt for sale.  She is technically �capitalizing� from someone else�s idea/successful marketing slogan.  I disagree with what the �several� attorneys she�s talked to have told her.  I don�t think she would win.  Does she really want all the stress of litigation and to jeopardize her financial situation?  I hate �bullies� too.  But, this is actually a real legal issue and not just someone bullying her.  She should take the �cease and desist� and destroy request very seriously.  I know this isn�t what you were looking for.  I recommend passing this information on to her in some way (you may want to paraphrase if you feel it�s needed).  Of course, she doesn�t know me, it�s contrary to what other attorneys have apparently told her, and it�s not what she wants to hear, but she might want to know that at least one other attorney feels she has a serious legal issue on her hands.  This is coming from someone who gets worked up over �the principle of the matter� almost more than anyone else I know, so I really feel for her!

                       
                       
                      ----- Original Message -----
                      Sent: 2/1/2007 6:08:28 AM
                      Subject: [lactivism] Anyone Know a Good Lactivist Friendly Pro-Bono Lawyer

                      Cause this Lactivist is going to get sued by the National Pork Board.

                      Yep...got a C&D letter this morning from the National Pork Board's
                      attorney claiming that the shirt I sell on my pro-breastfeeding site
                      that reads "The other white milk" is a trademark infringement on their
                      trademark of the term "The other white meat."

                      Apparently their lawyer is not familiar with parody? Or is honestly
                      concerned that someone on a pro-breastfeeding blog might be genuinely
                      confused and think that I'm promoting pork, but maybe just misspelled
                      the shirt?

                      The kicker is that their chief complaint seems to be:

                      "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."

                      Best I can figure, they looked at the shirt page and never bothered to
                      read the rest of the site. Then they decided that my shirts were about
                      promoting adult breastfeeding fetishes.

                      I've been told that if I don't remove the shirt (it's down because
                      CafePress removed it on word of potential lawsuit), DESTROY all shirts
                      that feature the slogan (tough since I don't have contact info of who
                      bought them) and promise to never, ever EVER use the phrase again,
                      they WILL sue me.

                      I've spoken with several lawyers, they don't have a leg to stand on in
                      court. I can only assuming that they are counting on the fact that I'm
                      small (the site's a hobby) and don't have the time, money or energy to
                      fight them in court.

                      I'm a viral marketing specialist. The ENTIRE search engine marketing
                      community knows me, lots of the breastfeeding community knows me.
                      You'd think after Delta, companies would learn not to mess with the
                      breastfeeding moms...

                      So, anyone out there up for helping on this? Do you know a lawyer that
                      might help me fight this if it goes that far? Are you willing to help
                      spread the word and start some letter writing campaigns (I have the
                      email addresses of the lawyer, the marketing and the pr departments of
                      the pork board)?

                      My site isn't out there raking in the bucks. It made about $3000 last
                      year which went in my kid's college fund. It's made about another
                      $2000 that's been donated to the local milk bank. This site's about
                      education, the money's far less than I'd make if I spent the time
                      consulting with clients.

                      I don't like bullies.

                    • Jennifer Laycock
                      Thanks for everyone s support! It s pretty much busted wide open on the Internet right now. The goal is to get them to drop the case rather than going to
                      Message 10 of 13 , Feb 2, 2007

                        Thanks for everyone’s support! It’s pretty much busted wide open on the Internet right now. The goal is to get them to drop the case rather than going to court.

                         

                        I have until the 5th to “comply” so mostly, I’ll play it by ear and decide at the last second.

                         

                        Right now, I’ve got about half a dozen pro bono lawyers interested in it from the publicity perspective (same way Emily landed her lawyers) and the pork board wants to know if we can “talk.”

                         

                        So, the best I can ask from you guys is to keep spreading the word. It’s on my blog now….please blog about it, forward it, Digg it, post it on message boards…send it to news outlets. Anything you can do to help spread the word.

                         

                        http://thelactivist.blogspot.com/2007/02/overzealous-big-pork-stomps-on.html

                         

                        Thanks guys!

                        Jennifer

                         

                      • jessica farquhar
                        What about the ACLU? Jessica Farquhar
                        Message 11 of 13 , Feb 2, 2007

                          What about the ACLU?

                          Jessica Farquhar

                        • cantaloupekitty@comcast.net
                          Has anyone looked into the legality of this anyway? There are parodies on slogans all over the internet as well as on T-shirts, bumper stickers, etc. Sounds
                          Message 12 of 13 , Feb 2, 2007

                            Has anyone looked into the legality of this anyway?  There are parodies on slogans all over the internet as well as on T-shirts, bumper stickers, etc.  Sounds almost like this could even be a hoax and it's not really the Pork Board.  I mean, sure it could easily be them, and it probably is, but do you think it's possible that they are probably just throwing enough crap at the wall so-to-speak and seeing if something sticks?  I mean, forgive me if I am way off here, but I thought I would throw that out there anyway.  There is no way I would comply at all.  And I would stick to my guns.  They certainly must have bigger fish to fry.  They will eventually get bored. 

                            Also, you may want to look up the case about the guy who opened the URL of MikeRoweSoft.com.  His name actually is Mike Rowe and he is a software developer.  He thought it would be cute.  Well, Microsoft attempted to have him shut down but ended up paying him a settlement. 

                            You bascially just have someone who is employed in the legal department of a corporation and they have to somehow look like they are productive.  It's easy to surf around the 'net and look for sites like yours.  It takes a lot more effort to actually go out and find actual cases of trademark infringement.
                             
                            On 2/2/07, Jennifer Laycock <jennifer@...> wrote:

                            Thanks for everyone's support! It's pretty much busted wide open on the Internet right now. The goal is to get them to drop the case rather than going to court.

                             

                            I have until the 5th to "comply" so mostly, I'll play it by ear and decide at the last second.

                             

                            Right now, I've got about half a dozen pro bono lawyers interested in it from the publicity perspective (same way Emily landed her lawyers) and the pork board wants to know if we can "talk."

                             

                            So, the best I can ask from you guys is to keep spreading the word. It's on my blog now….please blog about it, forward it, Digg it, post it on message boards…send it to news outlets. Anything you can do to help spread the word.

                             

                            http://thelactivist.blogspot.com/2007/02/overzealous-big-pork-stomps-on.html

                             

                            Thanks guys!

                            Jennifer

                             


                          • Janine Rush
                            I posted links to the blog and the original email here on the lactivism group this morning to a breastfeeding group on Livejournal.com. The following is a
                            Message 13 of 13 , Feb 2, 2007
                              I posted links to the blog and the original email here on the lactivism group this morning to a breastfeeding group on Livejournal.com.  The following is a response I got from one of the other mommas there.  Thought it might help some in response to questions about the legality of the whole shebang and whatnot!
                               
                              ~Janine
                               
                              I shared this w/ another board I am on, this is what I got in response:

                              Hm. I'm pretty sure they could fight this using the "Fair Use" section of the copyright law.

                              Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

                              (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

                              (2) the nature of the copyrighted work;

                              (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

                              (4) the effect of the use upon the potential market for or value of the copyrighted work.

                              The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.



                              Because the shirt is a parody of a slogan, which is changed by 23.5%, and not directly quoted, along with the fact that she made eight dollars off of it, should probably constitute this being legal.



                              Also, romotion of adult breastfeeding fetishes is not illegal.



                              P.S. Target sells a shirt that says "Instructions Not Included" on onesies for babies. Are they unfairly parodying "Batteries not included"? And saying that children are toys or robots that we should put batteries in? I doubt it.

                              Corporations suck.

                              : ( Kristi
                               

                               
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