How Can Milk be controversial?

According to an interesting New York Times article, CYTOSPORT makes of athletic-focused drinks have come under fire from Nestle in particular about CYTOSPORT's use of the term 'milk" in their brand Muscle Milk.

Nestle argues that "Muscle Milk" is misleading to consumers because the product doesn't include any actual Milk. They want CYTOSPORT's trademark on Muscle Milk. to be revoked.

Nestle's opinion:

“Nestlé USA strongly believes in the nutritional benefits of milk,” the company stated. “Consumers looking at Muscle Milk, marketed as a ‘Nutritional Shake,’ are likely to be misled into believing they are purchasing a flavored or supplemented milk product, when, in fact, they are purchasing a water-based product that contains no milk.”

CYTOSPORT's counter:

CytoSport countered that it had never “marketed Muscle Milk products as flavored dairy milk,” adding that, rather, it is modeled after another milk entirely. “CytoSport’s marketing and advertising materials have made it clear — over the more than 10 years that Muscle Milk has been sold — that Muscle Milk products are high-protein nutrition products designed after one of nature’s most balanced foods: human mother’s milk.”

CYTOSPORT has a established a small but significant group of athletic endorsers that include NFL Star RB Adrian Peterson, Shaquille O'Neal and Brandon Roy from the NBA and Ryan Braun from the Milwaukee Brewers of MLB.

Who ever knew that Nestle was the official world guardian's of milk's marketing and branding? If Nestle can put up this type of fight, what if the Red Hot Chili Peppers make a stand about this infringing on one of their albums or what if the Dave Chappelle Cambodian Breast Milk group raised a concern?