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News Alert Archives
Dairy Management Inc. and the National Cancer Institute Announce Agreement
Rosemont, Ill., March 16, 2004 - The National Cancer Institute (NCI) and Dairy Management, Inc. (DMI) are pleased to announce that on January 22, 2004, the NCI and DMI entered a settlement agreement regarding NCI’s “5 A Day” and DMI’s “3-A-Day” trademarks. NCI’s 5 A Day message encourages Americans to eat five or more servings of fruits and vegetables a day for better health, and DMI’s 3-A-Day campaign encourages three servings a day of dairy products such as milk, cheese and yogurt for stronger bones and better bodies. This agreement resolves the April 2003 trademark opposition filed against the 3-A-Day mark by NCI out of its concern that the public would be confused as to the sponsorship of the trademarks and messages.
The NCI-DMI agreement includes the following provisions, among others:
• DMI will create a “low-fat” version of its trademarks and will highlight a low-fat message in appropriate activities.
• In order to minimize confusion between DMI and NCI trademarks, DMI will add its name to its marks, where feasible.
• By entering into this agreement, neither party is endorsing nor sponsoring the educational message of the other.
• Each party will make an effort to ensure that its trademarks are not used inadvertently in a way that would suggest overlap, endorsement, co-sponsorship, or other forms of association.
• If either party becomes aware of confusion of the trademarks by the public, both parties will work together to eliminate the confusion.
NCI is committed to increasing fruit and vegetable consumption among all Americans as part of a healthy, active lifestyle in collaboration with its many federal, state, nonprofit, and produce industry partners.
DMI and its affiliate, the National Dairy Council conduct nutritional education and marketing programs that promote the health and taste benefits of dairy products and encourage Americans to make smart food choices that include nutrient rich milk, cheese and yogurt every day.
Both parties recognize that there may be opportunities to collaborate in the future on efforts to improve the health of all Americans.
You can rely on the National Dairy Council for credible,
up-to-date news on dairy nutrition research, public policies on nutritional
issues and special dairy nutrition campaigns. Please browse the
News Alert archives or use the search located above the left hand
navigation for more information. If you can't find what you are looking for or
have additional questions, please contact our Nutrition & Health News
Bureau via phone at 312-240-2880 or via e-mail at
ndc@dairyinformation.com.
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