Posted on 08/11/2014 12:43:32 PM PDT by Citizen Zed
The great-grandsons of a woman who depicted "Aunt Jemima" want $2 billion from the companies whose pancake products bear her name.
The two men accuse Quaker Oats, Quaker's parent company PepsiCo and Pinnacle Foods of theft of royalties, fraud and racial discrimination.
Quaker Oats is the maker of Aunt Jemima pancake mixes and syrup. Pinnacle Foods currently makes Aunt Jemima frozen pancakes, waffles and French toast.
In their suit, D.W. Hunter and Larnell Evans say Quaker Oats representatives discovered their great-grandmother making pancakes at the New York State Fair in 1935. Anna S. Harrington portrayed the character in commercials and other public appearances for 15 years.
The suit says Quaker used Harrington's pancake recipes and trademarked her likeness as the character "Aunt Jemima" in 1937.
The great-grandsons say Quaker exploited Harrington with the intent of not paying royalties toward her estate after her death in 1955. They claim the companies conspired not to acknowledge Harrington's status as an employee of Quaker Oats by saying they could not find any employment records or images of her. But they say, Quaker had her image deposited with the United States Patent and Trademark Office.
(Excerpt) Read more at m.wgal.com ...
“I presume she was well paid to do the commercials. And that they had her sign some sort of copyright agreement before they signed her on.”
Well,,,I wouldn’t presume that, knowing what happened to all the Blues artists from the 30’s to the 60s!
Nuisance lawsuit filed in hopes of a settlement.
If they are using her likeness, the great grandsons have a case.
Maybe not a two billion dollar case, but a case with many millions.
Betty Crocker’s heirs better go get some! Even though she was paid, it just wasn’t enough for her heirs. What about the Gerber Baby? Com’on! “Its for the chillllldren!”
Dat be one heckuva flap, jack!
Racial discrimination? I don't see any racial discrimination in these ads. Do you?
They’re suing while the brother Holder is still there
All they’d need is an OJ jury.But then there’s the thorny issue of the appeals.
Fishing for a payout in the Litigation lottery...
These racial extortionists know it is far easier for a big company to just write them check, than it is to deal with big-media fueled racial accusations.
Jesse Jackson’s clan has made a damn good living doing this.
She talks like a typical gangsta rapper.
When Disney et al gets their copyrights extended by voice vote in Congress, why shouldn’t others want in on the action. The question is not whether she was paid “enough” for the ads, the question is what is she entitled to for the ongoing use of her image. (The “new” Jemima, if I recall, came in the ‘80s. Yeah, $2 bil is posturing, but I am not going to say that Pillsbury is right, as these companies are often bad actors.
Intellectual property does not die with the person who owns the intellectual property.
That’s why you could not go out and legally sell Elvis Presley albums, but his heir can sell Elvis albums and make money.
When Disney et al gets their copyrights extended by voice vote in Congress, why shouldn’t others want in on the action? The question is not whether she was paid “enough” for the ads, the question is what is she entitled to for the ongoing use of her image. (The “new” Jemima, if I recall, came in the ‘80s. Yeah, $2 bil is posturing, but I am not going to say that Quaker is right, as these companies are often bad actors.
Hey, if a business “didn’t build that” then these chumps certainly get no piece of it.
The suit seems to be overstating the importance of Harrington in the scheme of things. She was just one of many women who portrayed “Aunt Jemima” in connection with pancakes. The brand pre-dates her by some forty years.
http://en.wikipedia.org/wiki/Aunt_jemima
Next we'll be hearing from....
Not if they are still using her image.
My guess is that most of the posters on this thread would be singing a different tune if their grandmother’s likeness were used by a corporation to make billions of dollars.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.