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Out March 29 (Da Capo).
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"‘Prior to the date of Collins’ first license agreement on January 2, 1934, other animated characters were used as shown in Exhibit D-EE, including Planters Mr. Peanut, Ingram’s animated shaving cream jar and tube, Three Minute animated oat kernels and animated characters by Arkansas Power & Light Company, named ‘The Kilo-Watts’. Other advertisements showing animated characters used concurrently in advertising with Reddy Kilowatt include an animated telephone of the Bell System (1950); animated character, Mr. Plug-In (1942); an animated fluorescent light tube, and an animated electrical figure, Katie Kord. Items 68-73 of Exhibit D-D, all published in the nineteenth century show, respectively, an animated oil bottle, animated green peas and radishes, an animated insecticide bottle and hats and flatirons. Item 74 shows an animated ear of corn published in 1909 and Item 75 shows a gas light and an electric light in animated form named, respectively, ‘Miss Cubic Foot’ and ‘Miss Kilo Watt’, published in 1916. Exhibit D-RR is a group of magazines published by American Waterworks Association showing the use of an animated drop of water. It is humanized and is delivering messages and performing functions of the public water supply service in much the same way that plaintiff’s character has been used to personalize electric service. The character is known as ‘Willing Water’. The use of such characters for such purpose was in the public domain and plaintiff has no exclusive right to the use of animated characters in the electrical field.’"