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Subject:
From:
"Valerie W, McClain" <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Thu, 28 Oct 2004 15:50:12 EDT
Content-Type:
text/plain
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Judith you wrote,

"The term Lactation Consultant is not protected under law.  Certainly not
in this province that I can find.  Nor is IBCLC protected, again, that I
can find.  IBLCE doesn't exist as an entity in Canada."

IBCLC is a certification "mark" and can be found at the US Patent & Trademark
Office.  As such, it would be protected by US federal law and  any lawsuit
would be filed in US federal court.  Dependent on international treaties, I do
believe that this "mark" could be protected internationally. (maybe Canada
would be included)  The IBCLC mark was filed in 1985 by attorney Priscilla G.
Bornmann and the registration date is March 11, 1997 and registered to the
International Board of Lactation Consultant Examiners.

This "mark" states:  "The certification  mark, as used by persons authorized
by applicant, certifies the quality of the services performed by those
approved by the certifier."

One would have to have some money to fight the IBCLE if the IBCLE decided to
pursue legal action.  Lawyers who work in US federal courts are much more
expensive than lawyers who work in US state courts.  Most people don't want to
risk a lawsuit.  So when they get a signed letter (not an email) from the
corporation (IBCLE) to cease and desist the actions that are making a corporation
upset, most people will cease and desist. Threats and counterthreats are the way
of the corporate world, most of us, little guys, will back right down because
we can't afford the legal battle.   I think that legal threats in regard to
this issue do not result in sympathy for the corporation.  Instead we tend to
sympathize with the little guy who gets threatened. For example, here in
Florida, Disney went after the daycare centers in Orlando that had pictues on their
walls of Disney characters.  They had to be taken off the walls of the daycare
centers.  Sympathy was with the daycare centers.  It would be interesting to
know how many other professions have certification marks at the US Patent &
Trademark Center.
Valerie W. McClain, breastfeeding advocate--I hope no one has registered that
"mark" at the US Patent and Trademark Office.......

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