| This is from the Order dated 9-7-1999 CPC International, Inc. (Bestfoods) v. Skippy, Inc. & Joan Crosby Tibbetts |
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.
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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