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Updated 10/21/2009 06:02 AM

Owens ad causing controversy

By: Brian Dwyer

It's one of the nation's most famous ad slogans: "Got Milk?" Sports stars and celebrities on television and in magazines gladly wear that milk mustache. But did one of the candidates running for the 23rd Congressional seat steal it? Brian Dwyer has more on why some farmers and processing officials are up in arms over an ad from Bill Owens known as "Got Milk Money?"

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WATERTOWN, N.Y. -- "I feel taken advantage of," said North Country farmer John Peck.

And Peck says plenty of farmers in the 23rd Congressional District feel the same way. He says farmers pay dues to get their products marketed and Democratic Candidate Bill Owens just stole their most famous slogan "Got Milk?"

"He says that it's a parody. It's not a parody. He uses the slogan directly within his commercial and then inserts another word," Peck said.

Peck, who's a republican and also holds town office in Champion, says Owens is using farmers to get votes.

"In the case of this campaign, the democratic candidate is taking advantage of the downtimes of us farmers by using that as part of his campaign slogan to gain sympathy. It's absolutely wrong," said Peck.

"Got Milk?" is owned by the California Milk Processor Board. They issued a cease and desist order to Owens' campaign. Some local processor representatives say Owens never got permission to use it and isn't paying anyone for it. They call the whole ad, including its claims of "still high" retail milk prices, misleading.

"I'm not sure where Mr. Owens shops or if he drinks milk or if he understands the dairy industry at all, but his arrogance is coming through in showing he intends to use the dairy industry to get elected," said Bruce Krupke, Executive Vice President of the Northeast Dairy Foods Association Inc.

Owens says the ad is indeed a parody and not a misuse of the slogan. His campaign attorneys responded to the cease and desist order by writing that dilution claims only apply to commercial speech and the campaign does not sell products or services and therefore, it's fair use.

Bill Owens is running against Republican Dede Scozzafava and Conservative Doug Hoffman.