aunt jemima doctrine

After experimenting, they sold their excess flour as a pancake mix in paper bags with a generic label, "Self-Rising Pancake Flour," later dubbed "the first ready-mix".

STAY INFORMED! Despite feeling that using its name and logo on a syrup bottle were worthy of litigation, Aunt Jemima didn’t enter the syrup business until 1966, when its initial slogan was “Aunt Jemima, what took you so long?”. There were so many people interested in the Aunt Jemima exhibit, police were called for crowd control. But I think it’s fair for the post to say that some doctrines invite judges to decide cases based on gut reactions and others turn on evidence and analysis. Your email address will not be published. It must be assumed that the public was accustomed to, and was cognizant of, the common features.

A character named "Aunt Jemima" appeared on the stage in Washington, D.C., as early as 1864. While the case immediately dealt with breakfast foods, it would have large implications for trademark law in the U.S. Rigney and Company used the Aunt Jemima name and an image similar to Green's portrayal of the character to sell pancake syrup. The final case I’ll discuss here is Gardella v. Log Cabin Products Co., 89 F.2d 891 (2d Cir. Not only did flour sales soar, but Green received a lifetime contract to serve as spokesperson. Over the years there have more than one Black woman hired to promote their products, Nancy Green is one of the more well-known spokespersons. In 1915, the Aunt Jemima Mills Company filed a suit against  Rigney and Company, which manufactured pancake syrup. The Aunt Jemima Mills Company alleged that Rigney produced an inferior pancake syrup under the banner Aunt Jemima and that, “so packed and marked as [Aunt Jemima] . 1962). This Aunt Jemima Syrup Company found itself in a sticky situation when it was sued by the Quaker Oats Company for a trademark breach. In 1890, a former slave named Nancy Green was hired to be the spokesperson for Aunt Jemima brand food products.. Nancy Green was born into slavery in 1834 in Montgomery County, Kentucky. In 1889 the creators of Aunt Jemima, Charles Rutt and Charles Underwood, sold the company to R.T Davis, who soon found Nancy Green in Chicago. The opposition should have been sustained. That identification sufficed which clarified and emphasized the fictitious character of the ‘pancake‘ Aunt Jemima. Id. Get the USLegal Last Will Combo Legacy Package and protect your family today. Manring, Slave in a Box: The Strange Career of Aunt Jemima (UVA Press 1998) (chapter 1 available here). She was the first Aunt Jemima to appear in television commercials. This is interesting. Harrington would make television appearances as the brand spokesperson in the New York area. & Pat. A car killed her as she was standing on a sidewalk in Chicago. As for the image of Aunt Jemima, Nancy Green was followed by Anna Robinson, whose image was changed to a painted portrait on the packaging of the mix. After Wilson there was Ethel Ernestine Harper, a former school teacher and actress. The Quaker Oats Company purchased the Aunt Jemima Mills Company in 1926, and formally registered the Aunt Jemima trademark in April 1937. the aunt jemima pancake mix debuted in 1889, the first ready mix . Quality Inns cited the Aunt Jemima Doctrine and argued that there was little to no chance of confusion between the hotel and restaurant brands.

“She said the Aunt Jemima character suggested itself to her because as a child she received that name from a colored maid who cared for her.”  Gardella sued after an Aunt Jemima radio advertising campaign — alleging unfair competition and rights of publicity. The lawsuit was dismissed with prejudice and without leave to amend on February 18, 2015.The Aunt Jemima character is based on the "Mammy" Black stereotype. M.M. Submit a patent jobFind a patent professional among the 15,000+ monthly visitors of the job board, many of whom are patent professionals at large firms and corporations. By then, the Aunt Jemima character had gotten so recognizable that a number of companies had co-opted the name and the image to push their own products — everything from flour to cake mix, corn meal and pancake syrup. D.C. 248 (D.C. Cir. At best your case will turn on how closely it matches prior judicial decisions. Whether Good Humor and Popsicle are waging a different kind of cold war involving patents or, as in the following case, Aunt Jemima is accusing competitors of trademark infringement, food fights are common in the district courts. 1933 Anna Robinson, portrays Aunt Jemima at the second Chicago World’s Fair.She travels the country promoting Aunt Jemima® and is able to make enough money to provide for her children and buy a 22-room house where she rents rooms to boarders. I don’t quite understand this. Green made her public debut in character at the 1893 World's Columbian Exposition in Chicago, where she charmed the crowds and doled out pancakes from a booth. In the field of “on sale” they ditched the reduction to practice test and replaced it with “ready for patenting,” whatever that means. At worst it will depend on how your judge feels about your patent. On August 5, 2014, descendants of Anna Short Harrington filed a lawsuit in the U.S. District Court for the Northern District of Illinois against defendants Quaker Oats and PepsiCo for $2 billion.

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