Oh Henry! and the Copy-Cat Candy Bars

April 26, 2011 at 10:17 am 2 comments

Oh Henry! is not the most popular candy bar in America today, but it’s been around a while. It’s one of three major contemporary candy bars that you could have bought in the 1920s. Milky Way and Hershey bar (plain or with almonds) would be the other two. But there were others, hundreds nay thousands of others, now gone and forgotten. Why did Oh Henry! survive?

The candy bar market in the 1920s was a bit like the wild west, fast and lawless, any buckeroo with a candy kettle and a wrapping machine out to make a buck. Oh Henry! soared above the competition because George Williamson knew a few things about marketing. He bought billboards, magazine ads, newspaper spots to promote his bar. He focused on the one product. And he had some pretty innovative ideas about how to expand the market for candy bars, like a booklet of 60 recipes for cooking with Oh Henry! (see my post on Oh Henry! stuffed tomatoes here). Not surprising, there were some who figured on riding the Oh Henry! coattails to grab a little piece of the candy action for themselves.

Copying was a huge problem in the candy business. The yummiest combinations were pretty well established. And if there was already a good version of, say, peanut marshmallow chocolate bar, you could understand the temptation to just try to sell your own as “almost” that other one. Candy innovation could only take you so far. Names, colors, and packaging–the stuff of trade mark and trade dress– were increasingly important, maybe even more important than the candy itself.

The success of Oh Henry! could be measured in the proliferation of copy cats. The worst offender was “Oh Johnnie,” sold by the Uncanco Candy Company of Delaware. “Oh Johnnie” looked like “Oh Henry!” and tasted (sort of ) like “Oh Henry!”, and you had to admit that there was something familiar about the name “Oh Johnnie.” But Oh Henry cost 10 cents. Oh Johnnie, on the other hand, was half the price.

George Williamson was not happy. Lawyers got involved. Williamson sued for trademark infringement, claiming Uncanco was deliberately attempting to fool people into thinking their bar had something to do with the more successful Oh Henry! The judge agreed:

Thus far the ‘Oh Johnnie’ bar had the appearance of being the same as the ‘Oh Henry!’ bar save in size, price and possible quality. They were alike as two brothers of different years.  … It would be strain upon human credulity to believe that such and so many points of similarity as here found, could innocently exist. … The only plausible purpose for the similarity was to enable the smaller bar to be passed off as the product of the plaintiff.

Williamson won, and Ucanco was found guilty of trademark infringement. The lawsuit stopped Oh Johnnie. But lawsuits were an expensive, time consuming, and clumsy way to swat at the flies of candy competition in the roaring ’20s. Here comes Oh! Jiggs. And watch out, over there is Hey Eddie! Williamson didn’t give up fighting off the copy cats, but he did change tactics.

Next post: if the law fails, bludgeon them with sarcasm.

Entry filed under: Marketing, WWI to WWII. Tags: .

Contagious Cavities Is Sugar Toxic? A Reply to Gary Taubes.

2 Comments Add your own

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Trackback this post  |  Subscribe to the comments via RSS Feed


Candy: A Century of Panic and Pleasure

Welcome to Candy Professor

Candy in American Culture What is it about candy? Here you'll find the forgotten, the strange, the curious, the surprising. Our candy story, one post at a time.

Samira Kawash, PhD
Professor Emerita,
Rutgers University

(C) Samira Kawash

All written contents protected by copyright. Except where noted, Candy Professor is my original research, based on archives, journals, magazines, newspapers, and other historical artifacts. You do not have permission to copy or re-post my content. If you want to refer to my work, please create a link from the blog entry and also write out the citation:
Samira Kawash, "entry name," candyprofessor.com, entry date.

If you would like to copy, re-post, or reproduce my work, please contact me for permission.

Categories

Enter your address to receive notifications by email.

Join 558 other followers

Header Image Credit


Follow

Get every new post delivered to your Inbox.

Join 558 other followers