Uh-oh! One of my paintings has gotten me into legal trouble.

[unblock]

11. Make another painting called "got milkshakedown"

Armchair lawyer here, but this seems to me like a blatant shakedown and a baseless legal claim.

First, it's clearly fair use.

Second, you're not trying to sell milk.

Third, a quick google shows a ton of merch with the phrase "got milkweed", so I'm not sure it isn't already in the public domain.

Trademarking a phrase generally doesn't prevent people in other industries from using it.


That said, it's no fun fighting a legal battle even if you're 100% in the right. It's usually better to avoid a fight if it doesn't really cost you much to do so.

Personally, I'd change the title slightly, then make another painting slamming them for the shakedown. The email is yours to use however you want.