If you didn’t care about affiliates losing money from accidental DMCAs by Perfect 10, this story might catch your attention. The holder of the trademark “Sweet Pea” is sueing 51 users of CafePress for infrindging on their trademark. The defendants have the option of handing over $5,000 or going to court and risk a multi-million dollar judgement.

Unlike Google’s lawsuit, this lawsuit is in fact quite legitimate. Trademarking phrases for use on clothing is not uncommon. Remember the story aboutParis Hilton trademarking the phrase “Thats hot”? (may be this CafePress user should be worried.)

In fact, unless a trademark holder enforces their mark they could lose it. Thats too bad for the CafePress affiliate who sold a $5 item and is convinced trademarking two words isn’t possible.