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'Aunt Jemima's' heirs sue product makers for $2 billion
wgal news 8 ^ | 8-11-2014 | Patrick M. Sheridan

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 ...


TOPICS: Business/Economy; Chit/Chat
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To: Cicero

“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!


21 posted on 08/11/2014 12:59:57 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: Citizen Zed

Nuisance lawsuit filed in hopes of a settlement.


22 posted on 08/11/2014 1:01:04 PM PDT by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: Citizen Zed

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.


23 posted on 08/11/2014 1:01:25 PM PDT by Oliviaforever
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To: fwdude

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!”


24 posted on 08/11/2014 1:01:51 PM PDT by Avid Coug
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To: Citizen Zed
Two BILLION?

Dat be one heckuva flap, jack!

25 posted on 08/11/2014 1:01:51 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: Citizen Zed
The two men accuse Quaker Oats, Quaker's parent company PepsiCo and Pinnacle Foods of theft of royalties, fraud and racial discrimination.

Racial discrimination? I don't see any racial discrimination in these ads. Do you?


26 posted on 08/11/2014 1:02:06 PM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: Citizen Zed

They’re suing while the brother Holder is still there


27 posted on 08/11/2014 1:03:00 PM PDT by molson209 (Blank)
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To: Citizen Zed

All they’d need is an OJ jury.But then there’s the thorny issue of the appeals.


28 posted on 08/11/2014 1:03:21 PM PDT by Gay State Conservative (Rat Party policy;Lie,deny,refuse to comply)
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To: Citizen Zed

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.


29 posted on 08/11/2014 1:03:47 PM PDT by tcrlaf (Q)
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To: Responsibility2nd

She talks like a typical gangsta rapper.


30 posted on 08/11/2014 1:03:51 PM PDT by dfwgator
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To: Citizen Zed

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.


31 posted on 08/11/2014 1:06:21 PM PDT by Dr. Sivana ("If you're litigating against nuns, you've probably done something wrong."-Ted Cruz)
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To: Avid Coug

The Gerber Baby.

https://www.gerber.com/our-story/meet-the-gerber-baby


32 posted on 08/11/2014 1:06:45 PM PDT by Sherman Logan (Perception wins all the battles. Reality wins all the wars.)
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To: Avid Coug

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.


33 posted on 08/11/2014 1:06:46 PM PDT by Oliviaforever
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To: Citizen Zed

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.


34 posted on 08/11/2014 1:06:57 PM PDT by Dr. Sivana ("If you're litigating against nuns, you've probably done something wrong."-Ted Cruz)
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To: Citizen Zed

Hey, if a business “didn’t build that” then these chumps certainly get no piece of it.


35 posted on 08/11/2014 1:07:40 PM PDT by vpintheak (I will not comply!)
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To: Citizen Zed

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


36 posted on 08/11/2014 1:08:15 PM PDT by Arthur McGowan
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To: Citizen Zed

Next we'll be hearing from....

37 posted on 08/11/2014 1:08:23 PM PDT by Gay State Conservative (Rat Party policy;Lie,deny,refuse to comply)
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To: colorado tanker

Not if they are still using her image.


38 posted on 08/11/2014 1:08:30 PM PDT by Blood of Tyrants (The cure has become worse than the disease. Support an end to the WOD now.)
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To: Oliviaforever
If they have been doing it continuously since 1937 and they can't show she had a contract to pay royalties in perpetuity and not just a paid spokesperson, where is the case? Also, they filed it as a class action - seriously doubt the class can be certified versus just suing as a normal civil suit. My guess is they are jurisdiction shopping.
39 posted on 08/11/2014 1:09:30 PM PDT by gunnut
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To: Dr. Sivana

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.


40 posted on 08/11/2014 1:09:48 PM PDT by Oliviaforever
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