Story Published:
Oct 19, 2009 at 2:46 PM EDT
Story Updated:
Oct 19, 2009 at 7:52 PM EDT
Officials with the California Milk Processor Board say they're taking legal action against the Bill Owens campaign for using their "Got Milk?" trademark in his political ads.
California Milk Processor Board Executive Director Stephen James tells 7 News his group filed a cease and desist order requesting the congressional candidate remove "Got Milk?" from his web site and television advertising.
"He has not sought our permission to use it. He does not have our permission to use it and if we don't police the trademark and make sure that it's not abused by anyone who just feels like slapping it on what they want to slap it on, then we lose the rights to the trademark," said James.
According to James, the cease and desist order was sent to Owens' campaign by fax and Federal Express last week.
Owens, who is the Democratic candidate for the 23rd Congressional District, has been running an advertisement addressing the concerns of New York dairy farmers.
In the ad, he says that while consumer milk prices remain high, dairy farmers are being paid less for their product.
"Somebody's price fixing, and it's hurting our dairy farmers," Owens says in the ad. "In Congress, I'll work to end the price manipulation so it's fair for consumers and producers."
Owens concludes by saying, "We've got to find out who's got milk...money?"
James said his group has not heard from the Owens campaign.
7 News received a written statement from Owens saying, "The use of 'Got Milk Money' is a parody, not a misuse of the slogan. Dairy farmers in Upstate New York aren't getting a fair price for their milk while consumers are paying more at the grocery store."
The "Got Milk?" ad remains on Owens' web site and the commercials continue to run on television.
"That would be protected under federal trademark law so we protect uses and abuses of the trademark where we can, where we have a legal right," said James.
The California Milk Processor Board's trademark on "Got Milk?" has been in existence since 1994.
James said the board hasn't made plans to take a next step, but said the group has very good lawyers to address the issue if necessary.
