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Post by deepfriednew101 on May 24, 2023 22:34:04 GMT 1
If you have not seen the Part which restricted competitors to No more then 5 items excluding the Salt, Pepper and M.S.G. even in the Basic News Print which also speaks to Tarragon it may have been possible to miss the articles which wrote about other court cases as they were easily over looked in the Decades and time.
It appears that other Never wanted to pick up a telephone and call to inquire about the court cases or speak to the Lawyers involved on All the court cases in the Day either, and spend the time getting the documents from the courts Cases either. All of the Court case time period required Hard Copy Paper work NOT digitized documents in the time and day. Which undertook Photo Copy Fee's and Lawyers Assistance Time and Billing. which no one wanted to do in the day also.
NEW AGE KFC after 1971 Pounded Any one they could with the 1960's Case Law BUT had to wait un C.H.S. was passed on as the NEW AGE K.F.C. Got handed a Two time loss for Millions of Dollars and the Last settlement John Brown Helped C.H.S. settle the case. between C.H.S. and the Defamation allegation's made by C.H.S.
K.F.C. New Age only had Grounds of Contract issues with Everyone after the passing of C.H.S. and Marion Kay had NO contract to K.F.C. Franchises which they Had control over who wanted to Purchase Marion Kay Seasoning.
The court paperwork specified over 200 Franchises were using the Marion Kay which is True as Leon Pete Harmon owned over 200 at that time and was NOT bound by the NEW AGE K.F.C. in Utah, California, Montana, Nevada, and into Washington, The issue was C.H.S. ONLY had Rights to Utah, Montana, Florida, Canada, and UK. Pete had stretch the Out limits of the Original Agreement and Needed K.F.C. New Age Approval which They WOULD NOT GRANT authorization.
its documented
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Post by Silver on May 24, 2023 23:53:59 GMT 1
It may however be that I've just kept a stored copy. The headline appears odd, as by the time KFC sued Lee Cummings the Colonel no longer owned the company, and CHS would not have sued his nephew.
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flg
Souschef
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Post by flg on May 25, 2023 0:08:52 GMT 1
Also in 1968 CHS and Claudia are opening the original restaurant they started. The Colonel’s Lady. And it was shortly after CHS was in his own battle with Corporate.
Assuming he is using the spices he asked Bill to make for him at this point.
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flg
Souschef
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Post by flg on May 25, 2023 1:51:03 GMT 1
Don’t worry I’ll keep looking for evidence that Pat or MK were made to go down to 5. If I find it. I will post them.
Until then. Not convinced.
Would I guess that MK reduced the quantity of their individual spices. Yes. I think the labeling may tell us this. Why they did and exactly when is what I am working on proof of. Certainly allspice and red pepper fell off the labeling. Sage remains and coriander appears. I also don’t buy this was some tribute to CHS either like Ken. There is a real possibility that up until the early 80’s. MK and Pats were very very close to what CHS wanted his recipe to continue to taste like. Notice the lack of the term OR. By then the OR wasn’t the OR or what CHS wanted it to be. Hence the work with Bill in the first place
Karl is more hard to speculate if and how much his seasoning changed. Specially since they started selling the seasoning commercially. No one has analyzed his current product. His dad’s early product seems for internal use only. May never have been a need to label. Glen may or may not have told the full story or even Karl may have held a secret back
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Post by deepfriednew101 on May 25, 2023 14:40:23 GMT 1
From a Legal Stand Point
The USA Court Case ONLY and I say ONLY has Jurisdiction In Canada, or UK One of Two ways by court recognition and entered Court Case to Either Jurisdiction By a judge, or By ALL Parties Consent and Approval.
Which would then Render the Order Mute or No Force and Effect in either Country. The Kicker is that the Franchise Owners World Wide are Contracted to A corporation that is USA Based and Home Office is Landed in America, the contracts they Bind the Franchises with would stipulate that the USA would be most relevant Place for Court Actions Unless the Franchiser Starts Actions in Other Countries.
Bill S from Marion Kay made the Request to be a Supplier or Colonel Sander Original Spice?
Think This Through EVERYONE Think this Through By the Point that the Court Case Had resurfaced as the Court Case and Letter to Cease and Desist were 10 Years Shelved NO Action. WHAT A SHIP SHOW it would have cause NEW AGE K.F.C. on the aspect of a secret recipe ? They were already promoting that ONLY 2 Executive's Knew the recipe and it was SO CLASSIFIED that they use TWO INDEPENDANT spice Companies who each packaged separate bags and Never Knew what the Other Blended.
NOW Marion kay Bill S would do the Job of Two companies and Cracked The Code by Pouring the seasoning on a Table and examining it and Bill S. said EVERY Spice Company could reproduce the Spices Seasoning for KFC. ARE YOU CRAZY TO THINK A BILLION DOLLAR corporation could allow that to Happen or Have a Rouge Loner In the UK PAT walk al over the Franchise LMAO if you Think that would happen.
Pat was a Franchised Man to the NEW AGE Corporation after 1975 NOT under the Original Agreement with C.H.S. who had the Rights to the U.K. Keep that in Mind as it's Important.
Why Did the Allspice and Red Pepper be removed from the Labeling of the Marion Kay Chicken Seasoning then 99X Why Did They not remove White Pepper or Black Pepper
why did they leave Sage and Coriander on the List of Ingredients.
What Does Mixed Peppers Have to Do with the equation ?
I guess ones who phone the FDA or CFIA will learn answers to the Question?
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Post by Silver on May 25, 2023 15:49:10 GMT 1
Calling the FDA or CFIA will not help at all in cracking the secret (original) recipe, since these two organizations have no clue as to the ingredients that comprise the recipe. The reason why they have no clue is that it was never patented. Not patenting the recipe was a stroke of genius.
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Post by Silver on May 25, 2023 15:53:43 GMT 1
deepfriednew101, at one juncture right here on this forum you described how (via auction?) you got hold of nigh-on a moving vans worth of CHS's effects from his stay in Canada (where he lived for some time), with some of this being corporate. Was the recipe you discovered found among that stuff?
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flg
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Post by flg on May 25, 2023 15:59:41 GMT 1
And they are not releasing it in or for the courts to prove I copied them either. Lee I believe was stand alone as he did already know the OR recipe exactly.
Not patenting it was an unbelievable good decision.
Even with the Settle’s they took the Settle’s recipe and said not ours. Short 5 or so H&S. Dropped their court case. No doubt paid some out. And no way the Settle’s can prove KFC wrong on their statement.
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Post by Silver on May 25, 2023 16:01:23 GMT 1
One facet of the genius of NOT patenting the recipe is that if anyone ever was to duplicate both its flavor and aroma to a tee, KFC will merely deny that the recipe resembles theirs. And they won't have to prove it.
The burden of proof lies upon the claimant. And the claimant has no access to the recipe whereby to meet the burden of proof.
What I fail to understand is that given these circumstances, how can KFC come down hard upon anyone claiming to have the reipe in a court of Law? Where and how does KFC gain the legal high ground?
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Post by Silver on May 25, 2023 16:13:26 GMT 1
And they are not releasing it in or for the courts to prove I copied them either. Lee I believe was stand alone as he did already know the OR recipe exactly. Not patenting it was an unbelievable good decision. Even with the Settle’s they took the Settle’s recipe and said not ours. Short 5 or so H&S. Dropped their court case. No doubt paid some out. And no way the Settle’s can prove KFC wrong on their statement. Likely the Settle's gained nicely in some fashion from an out of court settlement. Whatever the nature of the settlement was, they never revealed the recipe they discovered within the house they bought from CHS. |
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