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 assume that they had a contract and paid her to use her image. If they come up with a contract, the lawsuit will be tossed out of court.
King Vitamin will be suing too.
Robert Byrds family wants a piece of Sheetz.
First, it is HOW the ORIGINAL contract was written, that is not being talked about.
If one is contracted, to represent a figure, that is not the same as being directly hired by that company.
The descendants, origin not being mentioned, are of those that scream “reparations”, at every turn.
Now, what about those actresses in all the old black and white movies, that were is similar dressings to “Aunt Jemima”? We have not heard word one from their descendants, have we?
I will continue to purchase “Aunt jemima” products, for no other reason, than the proverbial thumb in the eye!
HAHAHA! That was a great skit!
Think of the implications for battered women everywhere. ....and all these years I’ve been eatin’ em raw. Damn!
Change product names immediately to “Pure White - Flour Pancakes” and “Plantation Owner Syrup”.
Add the catchy phrases, “All white, all the time.”, “Not a drop of impurity.” and “Whipping breakfast into shape, since 1619.”
That will make them much happier.
The questions would be, if in fact that is her likeness and if they had permission to use her likeness long after her death.
That's why our system is screwed up; the Constitution says To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
where we now have, effectively, an unlimited time span. (And yes, I do blame Disney and the Supreme Court.)
“Imitation of Life” (1934)
It’s not the relatives of the lady from the commercials that are suing. These people say that their relative is who the character from the commercials was based on, and that she wasn’t compensated.
Puts me in mind of a song I heard many years ago...it went something like, “Mrs. Paul, Mrs. Paul, don’t you do me like Sara Lee...she ran off with Chef Boyardee.” Can’t find it on youtube!
The “new one” looks scary
Not necessarily. If they had a model's release from her and a contract for a set amount for work she did the relatives have no case.
Forget my previous comment, I was confused, the lady from the commercials is the same one that they based the character off of.
I have an idea
When I feel like having the finest Italian cuisine money can buy, my go to chef is a Franco-American!
Presumably their origins are human and American. Disney/ABC makes millions or billions off intellectual property from eight decades back. It's hard to fault anybody who tries to pull off the same thing if they think they have a real case.
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