"The great grandsons of Anna Short Harrington, who was hired as the American pancake icon in 1933, claim that her family is entitled to a percentage of the company's revenue every time her likeness was used. They're now seeking $2 billion in compensation, plus a share of future revenue."
http://www.nydailynews.com/news/national/aunt-jemima-relatives-suing-pancake-company-2b-article-1.1966633
(Score: 3, Insightful) by tangomargarine on Wednesday October 08 2014, @04:39PM
Anna Short Harrington was the second of three African-American women the likeness of which Quaker Oats used/hired them as spokespeople. Since then, they have changed the image in use on the bottles such that the picture is NOT Anna Short Harrington.
I hope they're not claiming that QO is *still* infringing on her likeness. Or are they suing for "back pay royalties"? "Plus a share of future revenue" sounds straight out to me.
Ethel Ernestine Harper was Aunt Jemima during the 1950s in person, in print and in media. She was the first Aunt Jemima to be depicted on TV and the final "living person" basis for the Aunt Jemima image until it was changed to a composite in the 1960's [1]. She worked as a traveling "Aunt Jemima" on behalf of the Quaker company, giving presentations at schools, churches and other organizations. Prior to assuming the role, Harper graduated from college at the age of 17 and became a teacher. [2]
"Jemima" character on 1899 cakewalk sheet music cover
The Aunt Jemima character received the Key to the City of Albion, Michigan, on January 25, 1964. An actress portraying Jemima visited Albion many times for fundraisers.[13]
Just as the formula for the mix has changed several times over the years, so has the Aunt Jemima image been modified several times. In her most recent 1989 makeover, as she reached her 100th anniversary, the 1968 image was updated, with her kerchief removed to reveal a natural hairdo and pearl earrings. The logo much more resembled a modern homemaker than previous designs and carried far fewer racial connotations. This new look remains with the products to this day.[citation needed]
http://en.wikipedia.org/wiki/Aunt_Jemima#History [wikipedia.org]
And from the article itself:
One year later R.T. Davis purchased the "struggling Aunt Jemima Manufacturing Company" and hired Nancy Green to portray the larger than life character.
Roughly 43 years later, Anna Robinson was hired to portray Aunt Jemima and fulfilled that role — while traveling around the country doing so — until her death in 1952.
"Is that really true?" "I just spent the last hour telling you to think for yourself! Didn't you hear anything I said?"
(Score: 2) by Alfred on Wednesday October 08 2014, @04:53PM
For the purposes of the lawsuit I think that they can get around the fact there were multiple people acting the part, if they propose that all black people look the same. /sarc
Given your comments, what I thought their case was about is totally invalidated. I hadn't considered back royalties because I doubt they were ever in the contract.
Judgement: Another frivolous waste-of-time gold-digging lawsuit.