'Got Soy Milk' parody lands Colo. dog owner in hot water

BOULDER, Colo. -- After Mary Kenez noticed how enthusiastically her dog, Chloe, lapped up soy milk, the Boulder businesswoman got an idea.

She had seen parodies of the "Got Milk?" ad campaign all over. There were offshoots like Homer Simpson's "Got Beer?" and bumper stickers such as "Got Peace?" So Kenez decided she'd make her own parody and sell her design along with other novelties through her online pet-themed business, Chloe Cards.

But now the milk on her dog's lips has her in hot water.

Last Friday, Kenez was threatened with a lawsuit by the California Milk Processors Board for trademark infringement. The milk co-op is upset over Kenez's parody, which features her golden retriever with a milk mustache and the accompanying words "Got Soy Milk?"

The dairy organization owns the famous "Got Milk?" slogan, and in a letter sent by its attorneys to Kenez, it says it will be forced to sue unless she ships all items bearing the design to the co-op by Oct. 31.

Kenez said Tuesday she's sold the T-shirts for more than five years but only recently heard from the co-op's attorneys. The shirts were put on eBay in the last month, with her consent, by a local pet store.

"It doesn't seem to be fair because you see 'Got Milk?' parodies all the time. I saw one the other day that said, 'Got Tuition?'," Kenez said. "And I've been selling them for years. I guess they're doing this now because they saw it on eBay."

The milk board claims the similarities in the designs could make people think the co-op is behind the "Got Soy Milk?" products, even though Kenez's T-shirts and other novelties aren't meant to advertise soy milk, she says. The design is one of many over the years that have featured her dog, who died this summer.

The letter also cited the similarity in the font used in both designs.

Although the letter demands her to send all products bearing the design, Kenez doesn't have anything more than a few of the T-shirts. She only makes the coffee mugs or mouse pads of the design when a customer orders them specifically from her Web site, www.chloecards.com.

She also must send financial statements about any profits from the design to prevent the suit. According to the letter, the co-op and its attorneys also "reserve the right to insist on being paid all profits" from the sale of the design. If she doesn't meet those requirements, the letter says the co-op will "pursue all available remedies."

Kenez said she is still consulting with her attorneys to see what she'll do next.

"I just thought it was cute, because the dog had the mustache on the bottom lip, too," she said. "To me it was just a parody."

(Zak Brown is a reporter for the Daily Camera in Boulder, Colo.)