After two years of bullying, a court has ordered that Milka Budimir, French seamstress, cede her Web site www.milka.fr to Kraft Foods, which owns the Milka chocolate brand. The U.S. food company, now enjoying an episode of corporate personhood, accused Budimir of “cybersquatting,” and said that she “made unjustified use of the registered trademark Milka that is owned by Kraft Foods.”
While it’s true that owners of famous marks can take on businesses that are using marks that dilute their brand–even in unrelated industries–Kraft has taken the low road by fallaciously attacking an individual. Gerard Haas, a lawyer for Budimir, said, “We are sorry to see that the law of brands triumphs over the right–and the first name–of people.”
Brand dilution is defined in the Federal Trademark Dilution Act as “the lessening of the capacity of a famous mark to identify and distinguish its goods or services.” Was Milka Budimir forced to surrender her site because there was a likelihood that Kraft’s “Milka” would be diluted by the brand power of the seamstress’ wares? Such hardly applies in this case. (And I thought Kraft would never top Road Kill Gummi Candy…)
That’s it…no more kraft mac and cheese for me! First the genetically modified foods, then the big tobacco and now bullying a poor french designer and stealing her name?!? I can’t believe this it’s criminal! It’s not cybersquatting!! It’s HER real name!! Milka chocolates aren’t even from france! They were from switzerland!! Does kraft think they own the world? what the heck! I say BOYCOTT KRAFT FOODS!!
–William on Mar 15, 2005 @ 4:08 pm