These Milkdudz aren’t edible—they’re wearable, and if Hershey’s gets their way, the Dudz moniker will be forgotten history. In a case originally filed with the US Patent and Trademark Office in October 2005, Hershey’s claimed that consumers could become confused between their Milk Duds candy and the Milkdudz Not Your Mommaz Nursing Wear clothing line.
Milkdudz, a company started by two moms on a mission to give nursing women access to stylish clothing, offered to change their name, but Hershey’s did not accept the offer and wants full control over their domain name as well. The name “Milk Duds” was officially trademarked in 1970, but only under the candy category.
Like the candy, Milkdudz is a strong brand with a devoted fan base. The Dudz business is based out of Temecula, CA, and sells its chic wares in several states and via online stores. Hershey’s lawyers cancelled a deposition hearing in early May, and resolution of their complaint against Milkdudz remains to be seen. In the meantime, it would seem that, despite the ongoing hassle with Hershey’s, Milkdudz has enjoyed some media time that they may not have otherwise gotten.
The women of Milkdudz aren’t shy about their situation with Hershey’s, and link to a newspaper article from their own website. A search of Hershey’s web-posted press releases yielded nothing using the term “dudz,” and “breast” only turned up a press release about their new, limited edition candy that honors Breast Cancer Awareness Month.
Whether either brand will suffer any real damage from the scuffle is impossible to predict, but surely there are a few moms out there wearing Dudz and not eating Duds.
If the company offered to change their name, why couldn’t Hershey be satisfied with that? Sounds like someone in PA is a little power-hungry. Too bad they don’t have a candy bar to satisfy that!
June 5th, 2006 at 7:22 am