The Time Baby Ruth Sued Babe Ruth

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In 1920, the Curtiss Candy Company introduced the Baby Ruth candy bar, causing a certain baseball player with a very similar name to take notice. Babe Ruth (pictured with President Warren Harding) was having a monstrous year—his 54 home runs in the 1920 season were more than any other team in the American League. If you were going to misappropriate someone’s name for a candy bar, Ruth’s was a logical choice.

Sensing opportunity, the Great Bambino struck back by creating his own Babe Ruth Home Run Bar. Curtiss quickly sued Ruth’s company for trademark infringement. But what happened next was surprising: When the Sultan of Swat accused the company of using his name, Curtiss feigned shock. Its bar was named after “Baby” Ruth Cleveland, daughter of President Grover Cleveland.

For years, this has been the oft-repeated explanation, but the argument makes no sense. Cleveland had been out of office for more than two decades and dead for 12 years when the bar debuted. “Baby” Ruth herself had died of diphtheria in 1904, at just 12 years old. Although the country’s most famous baseball star would seem much more likely to have a namesake candy than a dead child, the courts sided with Curtiss.

When Ruth learned of the verdict, he bellowed, “Well, I ain’t eatin’ your damned candy bar anymore!” Somehow, the Baby Ruth bar survived without his support.

This story originally appeared in mental_floss magazine. Get a free issue here!

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October 31, 2013 - 11:07am
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