Friday, October 31, 2014

Maybelline Horror Story... October, 1920...HAPPY HALLOWEEN!!!

Happy Halloween!!  Speaking of scary nightmare stories, here is one that actually turned out to be the best thing that ever happened for Tom Lyle Williams and Maybelline.
 There was one tiny little problem with the Williams copyright. A St. Louis man by the name of Benjamin Ansehl had started a company called Lashbrow Laboratories in 1912 and was already marketing a similar product. Williams sued for copyright infringement by Ansehl and a counter suit immediately ensued.


The case of ANSEHL v. WILLIAMS was heard in the Circuit Court of Appeals, Eighth Circuit, St. Louis, Missouri, July 15, 1920. You can read the entire decision, but here is a little background of the case as recorded in The Federal Reporter: 

In September, 1915, appellee [Williams], under the name of Maybell Laboratories, commenced selling at Chicago, Ill., a preparation for promoting and stimulating the growth of eyebrows and lashes, under the tradename of Lash-Brow-Ine. The name was suggested by preparations of a similar character then on the market under the names of Eye-BrowIne and Lashneen. The suffix "ine" was used, because the principal ingredient contained in appellee's preparation was chiefly petrolatum, a form of vaseline. Appellee commenced to advertise his preparation in October, 1915, and since then has advertised in over 50 different magazines, and had paid for advertising at the time of trial $67,084.19; the monthly expense for advertising having increased to about $3,000 per month. The preparation, sold directly to consumers at 50 cents per box, had amounted to 149,000 mail orders since the business was started. Sales were also made in gross to about 3,000 dealers, located in every state of the Union. Appellee testified that he never heard of Lashbrow, or Lashbrow Laboratories, until about September 1, 1918. About November 1, 1918, appellee caused appellant [Ansehl] to be notified to cease infringing appellee's trade-mark. Appellant refusing so to do, this suit was commenced December 17, 1918.

Since commencing the sale of his preparation appellee has done a business amounting to $111,759.73. The trade-mark Lash-Brow-Ine was registered in the United States Patent Office April 24, 1917. The main ingredients of the preparation sold by appellee were a superfine petrolatum and paraffine, a high-grade perfume, and other small ingredients. No reply was received by appellee to the notification above stated until November 11, 1918, when the receipt of the letter of appellee of November 1, 1918, was acknowledged with a statement that appellant had used the trade-mark "Lashbrow" much earlier than 1915, and a request that appellee desist from infringing the same, or suit would be brought by the appellant for an injunction and an accounting. No such suit was brought.There was introduced in evidence a large number of advertisements appearing in various publications. The evidence on the part of appellant showed that he conceived the idea of manufacturing and putting on the market a preparation for stimulating and promoting the growth of eyebrows and eyelashes in 1911; that the formula for this preparation was one used by his mother for her eyebrows and eyelashes when she was a girl. Appellant commenced selling his preparation in the spring of 1912, under the trade-mark of "Lashbrow," to a small drug store on Jefferson and Lafayette avenues in the city of St. Louis, Mo. This was followed by soliciting trade from all the large dealers and retail stores in St. Louis, where the preparation was offered for sale. Appellant then started a campaign of advertising which began on October 12, 1912, in the St. Louis Post-Dispatch. This advertising brought him business from nearby states, such as Illinois and Indiana, and the entire Southwest. Appellant's business has been conducted since its commencement at 1755 Preston street, St. Louis, Mo., where he was doing business when enjoined in May, 1919. The stores referred to by appellant in his testimony were Wolf-Wilson, Judge & Dolph, Grand Leader, Famous & Barr, Nugent's, Hirsch's Hair Bazaar, and Schaper, being the leading stores in St. Louis. The preparation was sold through these stores in 1912. Appellant had printed 1,000 cardboard fliers and 1,000 transparent fliers, which were mailed to about 1,500 stores throughout the United States. A counter display card was also distributed throughout the country in 1913. A sample of appellant's preparation was mailed to the buyers of about 800 or 900 department stores throughout the country.

It's an interesting look at doing business in the early twentieth century and the birth of a mega corp.

In October, 1920 the decision was set down in favor of Benjamin Ansehl. Williams had to stop using the Lash-Brow-Ine name. From then on the ads, like the one at left featuring film star Phyllis Haver, featured only the Maybelline name. Williams had lost the battle. But a walk down any cosmetics aisle will tell you he clearly won the war. 

There was one tiny little problem with the Williams copyright. A St. Louis man by the name of Benjamin Ansehl had started a company called Lashbrow Laboratories in 1912 and was already marketing a similar product. Williams sued for copyright infringement by Ansehl and a counter suit immediately ensued.



The case of ANSEHL v. WILLIAMS was heard in the Circuit Court of Appeals, Eighth Circuit, St. Louis, Missouri, July 15, 1920. You can read the entire decision, but here is a little background of the case as recorded in The Federal Reporter: 




In September, 1915, appellee [Williams], under the name of Maybell Laboratories, commenced selling at Chicago, Ill., a preparation for promoting and stimulating the growth of eyebrows and lashes, under the tradename of Lash-Brow-Ine. The name was suggested by preparations of a similar character then on the market under the names of Eye-BrowIne and Lashneen. The suffix "ine" was used, because the principal ingredient contained in appellee's preparation was chiefly petrolatum, a form of vaseline. Appellee commenced to advertise his preparation in October, 1915, and since then has advertised in over 50 different magazines, and had paid for advertising at the time of trial $67,084.19; the monthly expense for advertising having increased to about $3,000 per month. The preparation, sold directly to consumers at 50 cents per box, had amounted to 149,000 mail orders since the business was started. Sales were also made in gross to about 3,000 dealers, located in every state of the Union. Appellee testified that he never heard of Lashbrow, or Lashbrow Laboratories, until about September 1, 1918. About November 1, 1918, appellee caused appellant [Ansehl] to be notified to cease infringing appellee's trade-mark. Appellant refusing so to do, this suit was commenced December 17, 1918.



Since commencing the sale of his preparation appellee has done a business amounting to $111,759.73. The trade-mark Lash-Brow-Ine was registered in the United States Patent Office April 24, 1917. The main ingredients of the preparation sold by appellee were a superfine petrolatum and paraffine, a high-grade perfume, and other small ingredients. No reply was received by appellee to the notification above stated until November 11, 1918, when the receipt of the letter of appellee of November 1, 1918, was acknowledged with a statement that appellant had used the trade-mark "Lashbrow" much earlier than 1915, and a request that appellee desist from infringing the same, or suit would be brought by the appellant for an injunction and an accounting. No such suit was brought.



There was introduced in evidence a large number of advertisements appearing in various publications. The evidence on the part of appellant showed that he conceived the idea of manufacturing and putting on the market a preparation for stimulating and promoting the growth of eyebrows and eyelashes in 1911; that the formula for this preparation was one used by his mother for her eyebrows and eyelashes when she was a girl. Appellant commenced selling his preparation in the spring of 1912, under the trade-mark of "Lashbrow," to a small drug store on Jefferson and Lafayette avenues in the city of St. Louis, Mo. This was followed by soliciting trade from all the large dealers and retail stores in St. Louis, where the preparation was offered for sale. Appellant then started a campaign of advertising which began on October 12, 1912, in the St. Louis Post-Dispatch. This advertising brought him business from nearby states, such as Illinois and Indiana, and the entire Southwest. Appellant's business has been conducted since its commencement at 1755 Preston street, St. Louis, Mo., where he was doing business when enjoined in May, 1919. The stores referred to by appellant in his testimony were Wolf-Wilson, Judge & Dolph, Grand Leader, Famous & Barr, Nugent's, Hirsch's Hair Bazaar, and Schaper, being the leading stores in St. Louis. The preparation was sold through these stores in 1912. Appellant had printed 1,000 cardboard fliers and 1,000 transparent fliers, which were mailed to about 1,500 stores throughout the United States. A counter display card was also distributed throughout the country in 1913. A sample of appellant's preparation was mailed to the buyers of about 800 or 900 department stores throughout the country.

It's an interesting look at doing business in the early twentieth century and the birth of a mega corp.

In October, 1920 the decision was set down in favor of Benjamin Ansehl. Williams had to stop using the Lash-Brow-Ine name. From then on the ads, like the one at left featuring film star Phyllis Haver, featured only the Maybelline name. Williams had lost the battle. But a walk down any cosmetics aisle will tell you he clearly won the war. 
Posted by 
The Chicago History Journal
Chicago Law History by Joe Mathewson


Recommended reading:

Phyllis Haver: When Stars Burn Out (Tattered and Lost Ephemera)

Lash-Brow-Ine (Cosmetics and Skin)

Monday, October 27, 2014

21 year Anniversary of my home being destroyed in 1993 Laguna Beach Firestorm,


MY HOUSE BURNED DOWN IN THE LAGUNA BEACH FIRESTORM 1993,

         Laguna Beach, October 27, 1993.
As fierce wildfires fueled by 70 mph Santa Ana winds swept through the Laguna Canyon and hurtled towards their neighborhoods, people found themselves literally racing to escape the 200-feet-high flames. When it was over, the fire had claimed 366 homes.
Excerpt from my, 1993, Diary, unedited. Post - Oct 27.


I laid there, in my boiling hot room, and sorted out my day. The first thing I had to do was call Barbara - my neighbor across the street - and see if she put the copy of my William Morris book contract, in my mailbox... so I could take it to school, and go over it.  My Attorney had faxed it to her husband Mark's office and he was nice enough to bring it home for me.


I knew it was going to be a difficult day, because of the heat, and my back was still killing me.  My face too, was dry, itchy and pealing, because I'd just had another deep face peal, and  couldn't wear make-up again today. I wished I could stay home and hide, but I had to get the contract figured out and faxed back to David by the end of the day.  This time, I was determined... nothing would stand in the way, of me writing my book.


Before Georgia left the house for school, she turned on the T.V., and I heard the reporter say, Orange County was on fire.  I'd heard this before, but was never alarmed.....I figured we were safe here Laguna, tucked away from the rest of the county in a Lagoon..... but when I got up, and looked out the window, I was stunned by the amount of smoke in the air and how the sun looked like it had turned to blood.


Than I noticed Mark and Barbara's roofer's, working at 7:00 a.m., and worried about the hot tar blowing in my windows. I knew I couldn't stay in the house with the windows shut all day.  The heat would kill me.
The Santa Ana winds were out of control, blowing 90 miles an hour, or so it seemed, by the look of the palm trees swaying in the wind. I forced myself to get dressed, and get out of the town as soon as possible until it blew over.

Before I left, I called Barbara and told her the roofer's had an actual fire going on her roof, but figured they must know what they were doing, so didn't worry too much about it.  We talked about the brand new Black Cherokee Jeep, she'd just gotten, and I remarked on how spoiled she was, having a rich husband, who buys her anything she wants.

"Oh, I know," she agreed, "isn't it terrible, how spoiled we both are," she laughed, throwing it right back to me.


"Well, I suppose you're right," I said, "I'm very lucky too, after all I  get to spend the day doing aerobics, Yoga and Tie Chi, than study my contract while eating lunch."


We both laughed, knowing that few people had a lifestyle as comfortable and as fun as ours.


"What do you think about the fires," I asked her, needing some reassurance before I headed out of town.


"I'm worried, of course," she confessed, "but it looks like they're pretty far North, don't you think?," she said.


"You're right," I said, "but doesn't it look like the end of the world? I've just got to get out of here."


"I'm so sorry," she said, "about the roof.  They were supposed to be done a week ago, but you know contractors, you can't depend of them."


"It's okay," I said, "I need to get to school anyway.  I've missed the last two days of exercise classes, because my back went out."


"Well, good luck with the book contract," she said, "I'm excited for you.  I know the project is going to be great, how can it miss, the story is phenomenal"


"Thanks Barb," I said, "and thank Mark for bringing the fax home."
I got off the phone and called David next to tell him everything was on schedule and that I'd call him in the afternoon when I got home. Than I threw on some old cotton shorts, a crummy t-shirt without shoulder pads, and some tennis shoes. The house looked neat, and clean.  Everything was in order.  My manuscript,
family pictures, and letters, all filed in boxes and stored under my desk next to the door. I walked out the front door and down the old red brick steps to my car, than hesitated for one second, wondering if I should bring the pictures with me to decide which one's would be best for the book. Than thought, "no, leave them, they're safer in the house and I wouldn't want to take any chances of losing them."
I pulled the car out of the garage, locked it tightly with the new pad lock I just bought and backed it out of the driveway.  Before I drove off down the hill, I looked back to admire the new paint job, and landscaping.  It was just darling and I was proud I'd restored it to it's rightful position in the neighborhood, after years of neglect during my long divorce. I dreamed about the day I could finally build a second story on it and have a perfect view.
As I drove through Laguna Canyon, at 11:15 a.m., I noticed police cars, than saw the police putting yellow cones in the highway, to stop traffic from coming into town, it concerned me, but not enough to turn around and go home.   
How strange, I thought, as I sped past them. I looked in my rear view mirror and vowed not to worry, I'll be home at 5:30, I said to myself, and everything will be fine.


While I got on on the 405 freeway, heading South.....
Georgia was dressing for P.E. and going out to play soft ball on the field, when she looked up at the sky towards our house, and noticed it was blue and purple, with scarlet clouds... too eerie to be beautiful, and yet amazingly hypnotic, she thought. The other kids were singing, "it's the end of the world as we know it"... even though, at that point they really didn't know a thing.  There was a scary tension in the air, but the P.E. coach kept everyone playing outside, in the horrible heat.
By lunch, it was clear there was a problem and out in the distance Georgia, could see a cloud of black smoke slowly getting bigger and bigger, right over the town. Reports of a fire in Emerald Bay, a few miles North, began to filter across the campus, and though nothing was confirmed until she got to her 5th period class..... she knew it wasn't good.


Finally the word came that Laguna was on fire......but not to panic.


Thursday, October 23, 2014

FINDING MY ROOTS...DAR accepts General Jonathan Williams, nephew to Benjamin Franklin, as our family's great Patriot







After being rejected several times by the DAR, (Daughters of the Revolution,)  for lack of proof of our family's direct relation to the great Patriot of the American Revolution, General Jonathan Williams, we finally provided a letter written by General Jonathan Williams son, Josiah Williams, to his father, announcing the birth of his son, who would be named in honor of his grandfather, General Jonathan Williams.

General Jonathan Williams, grandmother, Anne Franklin Williams, was  the great American Patriot, Benjamin Franklin's half sister, making our family related through the Williams line.  General Jonathan Williams was one of the leaders of the Boston Tea Party and the first Superintendent 
of West Point.  






 In celebration of our Patriot General Jonathan Williams being acknowledged and our family's line established through his son, Josiah Williams and grandson Jonathan Williams, some of the members of our family met to honor and toast the special occasion.  Here is, Cooper Aston, Ann Carneros, Sharrie Williams, Kathy Dellaruso, Christine Goody and Antonio Carneros.




A special thanks to our cousin Karen Bowser for her relentless research and dedication to our family's genealogy and legacy.  Left to right, Cooper Aston, Ann Carneros, Jeff Welles, Karen and Max Bowser.




Monday, October 20, 2014

Cruise with me through some of the highlights of these last 12 months on the road with The Maybelline Story



Santa Barbara Harbor, this Summer


visiting my great uncle Tom Lyle Williams,
 1940 Packard Victoria



Book signing at the Phoenix Art Museum


My cousin Ann Carnaros and I at my Santa Barbara Presentation for PEO


My Saffrons Rule Blog www.saffronsrule.com




At the Theatre in North Hollywood,  seeing
"Always, Patsy Cline"




My Fabulous new logo




Speaking to a full house in Phoenix



Book Signing for Book Club on Balboa Island, CA



My sister Donna and I with our Maybelline cousins Cooper Aston and Jeff Welles in Newport Beach CA



Presentation For Brandeis University in Scottsdale



With my Publisher and fellow authors at Networking event



Love my cousins Jeff, Patty and Jeff Welles



With Celebrity Trainer, Michele the Trainer, at Networking breakfast in Woodland Hills CA  



"Aspiration" once belonging at the Villa Valentino in the Hollywood Hills, now in Newport Beach CA


Speaking it Presentation in Arizona



Speaking at Presentation at Perris Valley Historical Museum CA
 
My book came out this year in Polish



Meeting with Producer, Erik Iversen, in Laguna Beach CA



Full house in Santa Barbara for PEO Organization



Presentation Tea, in Santa Barbara


Vintage Maybelline Ads and original Maybelline products



My sister Donna Williams taking my dad's Clenet out for a spin with our cousin Cooper Aston


Cousins, Jim, Chuck-BB1 Williams, me and cousin Ann Carnaros in Montecito CA




Maybelline cousins in Santa Barbara Ca at PEO Presentation
Cooper A, Ann C, Sharrie W, Kathy D, Christine G,
 Antonio C.



Cousins, Cooper A. Ann C. Jeff W. Karen and Max B.


Friends and family at Perris Valley Historical Museum Presentation


With Producer David Van Houten at Perris Valley Presentation




Floyd Welles, Preston Williams, Patty Welles, Dr. David Van Houten, Billee Williams, Donna Williams, Sharrie Williams, Cheryl Manbeck, Perris Valley CA.




37 year reunion with Al Hall my boyfriend in the 1960's.




More cousins and friends in Santa Barbara




Meeting my God Daughter, Hana Lee Sedgwick,  in Santa Barbara after 30 years