We’ve all seen plenty of Got Milk? parodies, so when Mary Kentz decided to create some Got Soy Milk? merchandise for her pet-themed business, she didn’t give it a second thought.
Well, the California Milk Processors Board thought differently. The Board sent Kentz a cease and desist letter demanding all unsold merchandise and the financial statements of her profits. Kentz, who insists it is a parody, is consulting with her attorneys before proceeding.
Whether this is a parody, making it fair use, or dilution, I don’t know. It’s such a finicky doctrine and doesn’t make much sense to me yet. What do you think? Should she be allowed to profit from her use of this phrase?