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

Site Index

This Order Index