Domain Name Wire

Domain Name Wire

  • Pssst… “Got Milk?” is a Trademark

    1. BY - Sep 02, 2011
    2. Policy & Law
    3. 10 Comments

    Don’t mess around with the Got Milk slogan.

    Got Milk?

    This slogan has become such a cultural mainstay that we see variations of it all the time.

    But what many people don’t realize is that it’s trademarked. California Milk Processor Board has multiple trademarks to the slogan and related slogans.

    That’s a lesson that one punk rock band learned the hard way. The band called “GotMilk” needs to find a new name.

    The California Milk Processor Board just won the transfer of the group’s domain name GotMilkBand.com. Not only is the band called “GotMilk”, but it even used the stylized font commonly used with the milk slogan.

    This isn’t the first time the California Milk Processor Board has gone after people who use domain names including its slogan. It recently won rights to momgotmilk.com and 1800gotmilk.net. It forced the owner of yougotmilkmoney.com to hand over its domain. It has even gone after variations such as GotHempMilk.com.

10 Comments
  • If they were really punk they’d have kept the name. ;)

  • They should lose the Facebook username Gotmilk as well after this.

  • Unless “Got Milk” has been legally deemed to be a famous trademark, I’m not sure how they could prevent the band from using “Got Milk” for music related goods and services.

    For example, Delta Airlines, Delta Faucet, and Delta Dental can all legitimately coexist in the marketplace because they all offer different goods and services from each other.

  • “Got milk” is a registered tm and will prevail over any non trademark claim regardless of class covered. That’s the whole point of tm protection. This is not a case about “Got milk” and “Milk”.

  • @Acro – A trademark is not a monopoly on a non-famous name. There are several unrelated companies that own registered trademarks for “Delta” that offer differing goods and services.

  • @UDRPtalk – there’s probably some people who’d think the band was endorsed by the mark holder when they’re actually not.

  • @Dave – So would you assume that Delta Airlines (www.Delta.com) endorses Delta Dental (www.DeltaDental.com)?

  • @udrptalk yes you are right the band is a different class. but the udrp is a shortened simplified version and the only requirement is to be on the principal register. and it is.however in federal trademark court you raise a valid arguement. the trademark could probably be proved to be famous with an accounting of all the advertising money spent on the slogan gotmilk. also the prosecutting attorney could provide a national survey which could also prove that the majority of americans are familiar with the term got milk and its source of orgin ie. the mustache. this mark would possibly fly as famous.the udrp is watered down to simply the process. a federal tm case would probably cost close to 200k.thats why the band would loose. you raise a good questions udrptalk.this is why tm attorneys get 300+ an hour to fight out arguements that you raised.
    mgmt the band shortened their name from management as this name was taken by another band.

  • Christine says:

    May 6, 2013 at 4:59 pm

    what about got ____? other things than milk–can they sue for that, if the font were similar, but not identical. thanks!

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