IN THE UNITED STATES
DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINA
Richmond Division
| CPC INTERNATIONAL, INC., | FILED STAMP Sep - 9 1999 |
| Plaintiff | |
| Civil Action Number 86-0109-A | |
| SKIPPY,INC., and PINELAND PEANUT PROCESSORS, INC., and JOAN CROSBY TIBBETTS, |
|
| Defendants |
ORDER
Upon motion by plaintiff CPC International Inc., now Bestfoods by reason
of change of name, this court on August 12, 1999 ordered Skippy, Inc. and Joan Crosby Tibbets
("defendants") to appear and to show cause why they should not be held in civil contempt or be
sanctioned for violating this Court's Final Order dated September 4, 1986 in the above-entitled action.
Upon notice and hearing on August 27, 1999, upon the parties' appearance in person and
by counsel, and upon consideration of the submission of all parties,
IT IS HEREBY ORDERED THAT:
1. The Order of this Court dated September 4, 1986 (the "1986 Order", remains in full force and effect.
2. Defendants shall permanently remove the passages and titles shown
on the attached Schedule A from anywhere in the Skippy.com Internet website, including their
use of metatags, no later than September 1, 1999, five days from the hearing on plaintiff's
Motion to Show Cause, and shall not republish that deleted material or have that deleted material
republished by others.
3. Defendents are enjoined from providing others with any of the deleted material on
the Skippy.com website or any material that violates the Court's Order of September 4, 1986.
4. Defendants shall notify third parties who have republished the copyrighted
material ordered to be deleted by this Order that Skipp, Inc. and/or Joan Crosby Tibbetts do not
authorize the continued republication of that material and shall demand deletion of that material
from third-party source.
5. Defendents shall with Bestfoods in any legal proceeding that Bestfoods
may bring against third parties who fail to delete the material ordered to be deleted pursuant to
this Order from they material copied from the Skippy.com website.
6. Defendants shall pay to Bestfoods its attorney's fees incured in preparing, filing, and proscuting this motion.
7. This Order and the 1986 Order shall apply to Defendants and all persons acting on
their behalf or in concert with them who have or are given actual notice of the 1986 Order and/or this Order.
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IT IS FURTHER ORDERED THAT:
8. This matter is to be continued for 30 days, at which time, if the hightlighted text
has been deleted from the website, and the defendents have not otherwise violated the Order, the
paragraph No. 6 shall be stricken.
ENTERED THIS 7th of September, 1999.
Signed here________________________ |
WE ask for this:
CPC International, Inc. (now Bestfoods)
Signed here___________________
By: W.Mack Webner, VSB 16455
SUGHRUE, MION, ZINN, MACPEAK & SEAS
2100 Pennsylvania Avenue, NW
Suite 800
Wsahington, DC 20037
202-663-7495
Attorneys for Plaintiff CPC International, Inc.
Seen and objected to:
Skippy, Inc.
Joan Crosby Tibbetts
Declined to sign_______________
By: Rodney R. Sweetland, III
1655 North Fort Meyer Drive
Suite 700
Arlington, Virginia 22209
703-351-5288
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This is a reproduction, the original is available.
The following passages have appeared in the Skippy.com website and are to be
permanently removed from the website.
In the cascade of page names appearing at the top of each page
and in the
metatags of the website, delete "CPC'S FRAUD ON THE
COURTS" and
"CPC'S MALICIOUS PROSECUTION."
Page 2
During this time, Crosby's famous Skippy trademark and its
valuable goodwill
was pirated by a bankrupt peanut company, which later merged with
a
Fortune 500 company, making a fortune in illicit sales under the
Skippy brand name.
* * *
Thanks to the advent of the Internet, the lawful Skippy heirs
can reveal what the
food pirates (Bestfoods) and their army of attorneys concealed
from the courts
and the public for decades . . . . Bestfoods' legal department,
apprehensive of
being exposed on the Internet as the naked Emperor, has recently
changed its
website about its Skippy history, and compounded its conduct by
engaging in
willful wire fraud, a federal crime.
Page 11
Percy Crosby referred to the NRA as Roosevelt's "New
Russian Administration",
unaware that it was by means of the NRA peanut butter code that a
bankrupt
California food packer (Rosefield) would steal Skippy and make a
fortune.
Page 12
In 1933, Rosefield Packing Co., Ltd., attempted to register
Skippy as a federal
trademark for peanut butter, using the same fence theme with
Skippy's bucket of
red paint and artist's brush, and Crosby's distinctive Skippy
lettering on the fence.
Skippy, Inc. immediately filed suit in the U.S. Patent Office
through Skippy's
1
counsel, Lord, Day & Lord, and prevailed. Rosefield's
Chicago lawyer, then
under investigation by the Justice Department for a racketeering
case in Chicago,
advised his client that an appeal would be futile, and wrote that
a better method
was to inform the "criminal division" of Justice (the
IRS) should Skippy, Inc.
discover Rosefields' Skippy scheme.
Page 15-16
In June, 1944, he discovered that, despite the 1934 final
decision for Skippy, Inc.,
Rosefield had continued to sell its peanut butter under the
counterfeit Skippy
label. A cease and desist letter from Crosby's new attorney
resulted in
Rosefield's renewed request to its Chicago attorney to report
Crosby and Skippy,
Inc. to the "criminal division" of the Justice
Department.
* * *
Crosby, unable to pay an attorney, was forced to sue Rosefield
pro se in New
York (these document remain concealed by Bestfoods to date),
which action was
allegedly dismissed for failure to prosecute. It was during this
period that
Crosby's licensing agent said that the artists was "hounded
and harassed", and
was like "a hunted man" . . ." His phone was
tapped, his mail intercepted, and he
trusted noone.
Page 17-18
Five days later, on December 21, 1948, Rosefield was issued a
federal trademark
for Skippy the U.S. Patent Office after Rosefield's fraudulent
application swore
that no other person, firm or corporation had a right to the
mark. Rosefield and its
Chicago counsel had not appealed the 1934 decision for Skippy,
Inc., and knew
this federal registration was at their own peril as long as Percy
Crosby was alive
to make a protest.
* * *
Stein became president of Skippy, Inc., which now was under
the virtual control
of the peanut butter racket and its ruthless drive to destroy
Crosby's reputation
and convert the meaning of the famous Skippy trademark to a brand
name peanut
butter. Because of Percy Crosby's distinctive, stylized Skippy
name on the label,
millions of consumer associated the brand name with the comic
character . . . .
* * *
2
Rosefield and its attorneys lost no time in filing a
prospectus of its Skippy
criminal enterprise with the SEC in 1950, claiming there had been
no material
litigation. By 1954, Rosefield's business had made over $22
million in Skippy
sales.
Page 19
In 1954, Rosefield sold its Skippy business to Best Foods,
Inc. for $7.5 million,
Jerome Rosefield became a Best Foods officer, director and head
of the Skippy
division, which bought corn syrup (dextrose) from Corn Products
Refining Co.
(CPC), a major client of Lord, Day & Lord. In 1958, Brownell
rejoined the firm,
after resigning as Attorney General. Several months later CPC
merged with Best
Foods and Lord Day & Lord served as CPC's primary counsel.
Clearly, it was
not in Brownell's or the firm's interest to advise the New York
Supreme Court
that their former client had outstanding legal claims for the
theft of the valuable
Skippy name and business. Crosby was never aware of these
transactions and the
conspiracy by his lawyers and court-appointed
"committee" to sell Skippy on the
New York Stock Exchange as a legitimate business.
Page 21
Little did I know when I was appointed by the New York
Surrogate Court as his
administratrix in March, 1965 that he was a political prisoner of
the powerful
Corn Products Corporation ("CPC"), which had stolen his
Skippy business,
destroyed his reputation and career, and looted his estate of
valuable assets. I was
then age 32, with four infant children, unaware that I was now
"under surveillance"
and that it was the intent of CPC and its allies (including my
father's and Skippy,
Inc. former counsel, Lord, Day & Lord) to steal our
inheritance, and to subject
Skippy, Inc. and me to years of prolonged, vexatious lawsuits.
Years later, I learned that CPC was the infamous "Glucose
Trust" the government
had broken up for antitrust violations.
* * *
In that case, which became the Rosetta Stone for the lawful
Skippy heirs, the
government gave incriminating evidence of internal memos re CPC's
illegal
schemes, including the president's boast, "We have built a
Chinese Wall around
our competitors and have them in chains." My father was held
hostage by this
evil combination, and died in virtual poverty, while CPC made
hundreds and
3
millions of dollars from the Skippy criminal enterprise.
Ironically, my father died
on the date that CPC, aided and abetted by Percy Crosby's
court-appointed
committee, intended to buy the priceless Skippy assets for a mere
$4,000, without
court approval, using a Chicago syndicate as a front. His death
aborted the illegal
scheme and the assets of Skippy, Inc. became a major portion of
the Crosby
estate, which attorney Rose Lehman Stein, then Skippy's
president, claimed to
own over ninety percent.
* * *
Stein, an accomplice of Rosefield and CPC, lied to my attorney
that Percy Crosby
"gave permission" for the brand name Skippy in 1935,
and that she investigated,
telling him the estate had no legal claims.
Page 22
It was not until after Stein's death in 1985 that I learned of
her ties to Rosefield
and the Skippy peanut butter racket.
I became Skippy president in 1968, and reported to the Court
that the assets of
Percy Crosby estate were under $60,000, unaware that CPC had been
a silent
partner in the litigation and was concealing a fortune in stolen
Skippy assets.
It was not until April 23,1987 that a top level CPC officer
admitted to a new
reporter after CPC's annual meeting that "CPC has been in
court with the Crosby
heirs for the past 20 years." (Bergen County NJ Record,
4/24/87, page B-1). This
confession came after my four children (then adult) and I
appeared at the annual
meeting, distributed press releases, and made a public protest
about CPC's theft of
Skippy.
Page 23
CPC'S FRAUD ON THE COURTS (1980-87)
* * *
I asked Heller if he had a copy of the action with him, and he
said it was in his
briefcase, but would not show it to me. He falsely told me that
he had no
knowledge of trademark law, and stated falsely that the statute
of limitations had
expired. Although he admitted that Rosefield's conduct in taking
Skippy was
"unconscionable", he denied that Best Foods/CPC had any
liability. But he did
4
not disclose that Jerome Rosefield became Best Foods officer,
director and head
of the "Skippy division" in 1955. He denied any
knowledge Lord, Day & Lord
represented CPC, and had refused to give me legal files of
Skippy, Inc. and Percy
Crosby I demanded. He offered me $10,000 to file a dissolution as
a Delaware
corporation, which I refused. He asked me what I would do if I
had "a lot of
money", and I said I would use it to sue CPC if, as I
believed, CPC had no legal
right to the Skippy trademark. Heller claimed he was
"sympathetic" to what
happened to my father and wanted to "help". His
"help" came in the use of fraud,
trickery and threats to induce me to sign an option agreement to
CPC for the
Skippy property, with a payment of $25,000, which required me to
release CPC
before I could receive the legal files from Lord, Day & Lord.
* *
When I got the files in 1978, I was angry and phoned Heller to
protest that they
were highly material and deliberately concealed from my father's
estate. His
comment: "I was afraid you'd find them helpful." I was
unaware then he had
written a memo of our first meeting, admitting that the Skippy
peanut butter label
was "plagiarized" from my father's work, and stated his
concern about "adverse
publicity" to CPC if I pursued Skippy's legal claims. Heller
refused to settle out
of court, and warned me that if Skippy Inc. sued to cancel CPC's
Skippy
trademark, "We'll fight you to the death...CPC has
considerable influence in
Washington corridors and can see to it that certain doors remain
forever closed to
you and Skippy." As my family and I were to learn, CPC had
no qualms about
using its corrupt influence to compromise Skippy, Inc. counsel,
to obstruct justice
and to use its political influence with law firms and government
agencies to
suppress a criminal investigation of its Skippy enterprise.
Page 24
Trattner not only lost our jury trial demand for damages, and
request for an
injunction, but he concealed incriminating evidence in CPC's
legal files from his
client and the Court, and never revealed that the New York
Supreme Court had
original jurisdiction over Rosefield's fraudulent conveyance of
Skippy to Best
Foods in 1955. Skippy, Inc. v. CPC International, Inc., 210
U.S.P.Q. 589, E.D.
Va.,1980.
* * *
CPC refused to heed the district judge's request for a
certified order .... Little did
we know then that CPC had fraudulently concealed "smoking
gun" evidence of its
infamous battle with the Food & Drug Administration (FDA) re
peanut butter
5
standards, and the FDA decision in 1966 that "Skippy is
adulterated and
outlawed." CPC lost its appeal of the FDA decision in 1970
(U.S. Court of
Appeals, Third Circuit).
Page 25
It was dismissed in 1985, the Court finding that Lord, Day
& Lord should have
been named defendant with CPC in 1980. There were major omissions
in the
case pleadings as well, notably the fact that it was Lord, Day
& Lord who drafted
and filed the original 1933 Skippy Inc. action v. Rosefield in
the Patent Office,
and had destroyed the evidence before sending the legal files to
me in 1978. No
conspiracy count was included in the complaint. Trattner received
a letter from
Chester Vincent dated June 30,1981 that he told me proved his
belief of CPC's
"fraud", but he would not give me a copy of letter. I
typed a copy of the letter
while he was absent from his office, and phoned Vincent after I
fired Trattner.
Vincent confirmed that Trattner lied to me he contacted Vincent,
who alleged that
the Rosefield family put millions of dollars in off-shore banked
to keep it "out of
the reach of the Crosby heirs."
CPC'S MALICIOUS PROSECUTION (1982-87)
One month before the Fourth Circuit decision in 1982, CPC
filed oppositions to
Skippy, Inc. service mark applications in the Patent Office,
accusing Skippy of
fraud, but acknowledging the confusion of consumers, which CPC
had denied in
1980 and as appellee. This was blatant harassment and intent to
restrain Skippy's
trade, but CPC refused to dismiss case. The decision for CPC was
viewed by
many attorneys as being incontrovertible evidence of CPC's
political influence
with certain Patent Office officials, and CPC's continuing,
reckless fraud on the
Patent Office. CPC v. Skippy, Inc., 3 U.S.P.Q. 2d 1457, PTO/TTAB,
1987
Page 26
I discovered why CPC had fraudulently concealed this
incriminating evidence
from the 1980 Court. Not only had Jerome Rosefield given
knowingly false
testimony to the FDA Examiner at the 1966 peanut butter hearings,
denying the
Examiner's question, "Are you sure there isn't some patent
abuse here (with
Skippy)?", but CPC officer John Volkhardt had given
testimony to the FDA :
"Skippy was originally named after the cartoon character who
was painting his
name on a fence." This blatant admission of trade forgery of
Percy Crosby's
Skippy signature and comic symbols was the basis of our 1980
lawsuit, yet
Volkhardt 's 1980 sworn testimony denied any connection.
Rosefield also
6
admitted that the FDA complained about Rosefield's 1933 Skippy
label, but he
did not reveal to the FDA Examiner in 1966 that the Patent Office
had prohibited
Rosefield's Skippy application as a matter of statutory law in
1934.
I sent a demand letter to CPC counsel Hanes Heller, warning
him Skippy would
re-enter the food market with an authentic Skippy product, but I
got no reply. My
husband and I found a licensee interested in selling Skippy
caramel corn with
peanuts in a child's sand pail that my sister (a commercial
artist) and I designed
with Percy Crosby's Skippy character to parody Volkhardt's
admissions of trade
forgery. Skippy counsel James L. Kurtz advised us to recapture
the market "CPC
stole from your father", assuring us CPC would "commit
legal suicide" if they
dared to sue. Annual minimum sales of the product were estimated
at $1.5
million dollars, and the artistic pail was an instant success.
Then our attorney
suddenly refused to represent Skippy, denying that CPC had
influenced him.
CPC then made a major change on its Skippy label to conceal its
imitation of
Crosby's distinctive lettering. Our licensee told us they were
having problems
getting the product on store shelves via jobbers and distributors
who were afraid
of CPC's reprisal, but did not tell us that CPC had sent a cease
and desist letter to
our licensee, Pineland Peanut Processors. My husband and I became
alarmed
when attorney Kurtz warned us CPC intended to sue until we were
"both dead."
We met with the assistant U.S. Attorney. He told us there was
"strong evidence of
CPC's fraud on the court in 1980", and assured us he would
take action if CPC
sued. Both Kurtz and CPC were fully aware my husband had been
hospitalized
and diagnosed with congestive heart disease, and that further
litigation could be
dangerous.
Pages 27-28
CPC made a secret with our licensee to cut off our royalty
income and got a
preliminary injunction. My pro se protests were futile. I was
unaware then that
Congress in 1984 made trademark counterfeiting a federal crime,
but could not
believe that the government would turn a deaf ear and blind eye
to CPC's
predatory conduct.
* * *
We returned to Virginia, unaware that CPC had filed a bogus
default motion in
our absence.
* * *
7
I phones the attorney the next morning, who told me CPC would
not let him
defend us because of a "conflict", which he denied. He
promised to find us
counsel, but never revealed that his new partner had defended CPC
in the 1980
case.
I hired the attorney he referred to me, unaware of the serious
conflict, who
assured me he could convince CPC to dismiss the case and pay
Skippy, Inc., in
view of Waldo's critical condition. CPC refused to dismiss the
case, and it went
to trial (a half day), after which our attorney suddenly
withdrew.
* * *
Scores of consumers boycotted Skippy peanut butter in protest,
and I filed a
complaint with the Justice Department at the assistant U.S.
Attorney's request.
Notably, CPC never advised its stockholders or the Securities
& Exchange
Commission of its alleged victories in the Skippy litigation,
knowing full well that
title to stolen property can not be conveyed.
Page 29
. . . remained convinced CPC and its lawyers would eventually
pay a high price
for their "utter cowardice and greed."
* * *
His greatest anguish was at the rank betrayal of the attorneys
we hired and paid to
expose fraud and CPC's Skippy criminal enterprise, who remained
silent in the
face of a clear duty to speak and inform federal authorities of
fraud on the
government.
8
New Matter on Website since July 16, 19991
At pages 3, 12, 13, 16, 17, 18, 20, 22, 23, 24, 25, 26, 27 and 28, delete the following text:
Due to a pending lawsuit from Best Foods, this portion of the
story has
been temporarily deleted.
At page 28, delete the following text:
Immediately after the release of this web site, CPC filed a
motion in court
to silence Joan Crosby Tibbetts from publishing the true story of
Skippy.
Ms. Tibbetts is in need of your support to help protect the
property rights
of Skippy that her father lived and died to preserve. For more
information
on how you can help, please email Joan Crosby Tibbetts. Your
support of
Skippy is very much appreciated!
Also delete the cartoon at page 28 and its caption, "Why
is Bestfoods bullying the
little Skippy once again?"
______________________
1The page numbering of the July 16 and the August 13 printouts differs slightly because of the addition of an "introductory" page just before the "Prologue" page and because the deletion of some text has shortened some pages from two pages of printout to one.
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| Welcome to skippy.com-home of Per...Skippy illistrated by Percy Crosby | http://www.skippy.com/skippy17.html |
| PERCY
CROSBY ESTATE |
||
|
||
| WALDO TIBBETTS,
JR. My husband never recovered from his massive coronary, the cause of his death in 1989. Due to a pending lawsuit from Best Foods, this portion of the story has been temporarily deleted. His business experience, moral integrity, and law school training were invaluable to Skippy, Inc., as was his dedication to the memory and courage of my father, whose tragic years as a political prisoner moved him deeply. Due to a pending lawsuit from Best Foods, this portion of the story has been temporarily deleted. He was inspired by the following excerpt from Judge Learned Hand's famous speech, "The Spirit of Liberty":
|
| Immediately after the release of this web site, CPC filed a motion in court to silence Joan Crosby Tibbetts from publishing the true story of Skippy. Mrs. Tibbetts is in need of your support to help protect the property rights of Skippy that her father lived and died to preserve. Your support of Skippy is very much appreciated! | ![]() ©1924, 1999 "Why is Bestfoods bullying the little Skippy once again?" |
| 1 of 2 | 8/26/99 11:30 AM |
| SKIPPY and the image of the character
SKIPPY are trademarks and copyrights of SKIPPY, INC.
Neither these marks nor the copyrighted works of Percy
Crosby may be used without the permission of SKIPPY, INC.
For information about licensing these images and
trademarks, please contact Joan Crosby Tibbetts at
SKIPPY, INC. joan@skippy.com Joan Crosby Tibbetts, President, Skippy Incorporated |
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| ©1999 Skippy, Inc. Joan Crosby Tibbetts Web site design by: Summit Web Design |
| 8/26/99 11:30 AM |