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Could General Mills Have Trademarked Circular Cereal?

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If you go to any supermarket and take a stroll through the cereal aisle, you’ll see a bounty of O-shaped options. There’s generic supermarket brand O’s, Trader Joe’s O’s, Kosher for Passover Crunch-i O’s, 365 Organic Morning O’s, and of course the road-paver of them all, Cheerios. With all of these iterations of the original General Mills cereal, you would think that the company would have tried to trademark their design, putting a stop to all other versions of what is essentially their product. 

Invented in 1941 and originally called Cheerioats (until a competitor lawsuit demanded that they shorten the name to end all oat-based cereal confusion), Cheerios was the first oat-based cold cereal to hit the market. According to 75 Years of Innovation, Invention, Food & Fun, General Mills’ celebratory anniversary book, they tested more than 500 formulas and “more than 10 shapes and sizes ... before researchers came up with the perfect combination.” 

According to the Oxford Encyclopedia of Food and Drink in Americathe original manufacturing process of gun-puffed rice was invented by Dr. Alexander P. Anderson in 1902. In the 1940s, a new version of the puffing gun was invented by General Mills' Mechanical Experimental Department engineer, Thomas James. On General Mills' blog, Susan Wakefield, a corporate archivist for the company, explains that much of General Mills’ success can be attributed to the puffing gun and its subsequent models, including the C-gun in the 1960s and E-gun in the 1980s. 

Yet according to the General Mills' archives department, even with this fancy technology, the company never tried to trademark the now-classic O shape. (Technically, trademark legislation was still in its very early stages when Cheerios first appeared, providing a solid argument for why nobody thought to immediately run to their lawyer.) 

But had they been invented after Congress passed the Lanham Act in 1946, would General Mills have had a case? 

In an email from Oliver Herzfeld, SVP and Chief Legal Officer of the brand licensing agency The Beanstalk Group, he explains that product shapes can be trademarked, but only if “the shape is not a functional feature of the underlying product” (according to Kath, a nutrition food blogger whose post on homemade toasted oat cereal was sponsored by General Mills, “they would have been fine without the hole!”) and if it “meets the requirements under the trademark law of distinctiveness.” Herzfeld broke that last bit down, saying that “historically, trademark protection was not granted to product shapes until the consuming public”—in this case, frequenters of the breakfast cereal aisle—“recognized the shape as indicating the source of the product.”

Compare the Cheerios shape to the classic Coke Contour Bottle, which was trademarked in 1977. The contour shape, also referred to as the hobbleskirt bottle, has no functional value (it doesn’t even make it easier to hold!) and is strongly associated with the Coca-Cola company, whereas the round Cheerio could be brought to you by the letter O, or by the long-gone inventor of the wheel. 

Simply put, Herzfeld doesn’t think they would have had a solid case for trademark protection. Which is a bummer, considering how awesome it would be if every cereal in the supermarket was a different shape. Or maybe there would just be fewer cereals. Either way, General Mills' decision, or lack thereof, to not trademark their now recognizable O’s is a win for us all. 

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How Does Catnip Work?
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If you have a cat, you probably keep a supply of catnip at home. Many cats are irresistibly drawn to the herb, and respond excitedly to its scent, rubbing against it, rolling around on the floor, and otherwise going nuts. There are few things that can get felines quite as riled up as a whiff of catnip—not even the most delicious treats. But why does catnip, as opposed to any other plant, have such a profound effect on our feline friends?

Catnip, or Nepeta cataria, is a member of the mint family. It contains a compound called nepetalactone, which is what causes the characteristic catnip reaction. Contrary to what you might expect, the reaction isn’t pheromone related—even though pheromones are the smelly chemicals we usually associate with a change in behavior. While pheromones bind to a set of specialized receptors in what’s known as a vomeronasal organ, located in the roof of a cat's mouth (which is why they sometimes open their mouths to detect pheromones), nepetalactone binds to olfactory receptors at the olfactory epithelium, or the tissue that lines the mucus membranes inside a cat’s nose and is linked to smell.

Scientists know the basics of the chemical structure of nepetalactone, but how it causes excitement in cats is less clear. “We don’t know the full mechanisms of how the binding of these compounds to the receptors in the nose ultimately changes their behavior,” as Bruce Kornreich, associate director of the Cornell Feline Health Center, tells Mental Floss. Sadly, sticking a bunch of cats in an MRI machine with catnip and analyzing their brain activity isn’t really feasible, either from a practical or a financial standpoint, so it’s hard to determine which parts of a cat’s brain are reacting to the chemical as they frolic and play.

Though it may look like they’re getting high, catnip doesn’t appear to be harmful or addictive to cats. The euphoric period only lasts for a short time before cats become temporarily immune to its charms, meaning that it’s hard for them to overdo it.

“Cats do seem to limit themselves," Michael Topper, president of the American Veterinary Medical Association, tells Mental Floss. "Their stimulation lasts for about 10 minutes, then it sort of goes away.” While you may not want to turn your house into a greenhouse for catnip and let your feline friend run loose, it’s a useful way to keep indoor cats—whose environment isn’t always the most thrilling—stimulated and happy. (If you need proof of just how much cats love this herb, we suggest checking out Cats on Catnip, a new book of photography from professional cat photographer Andrew Martilla featuring dozens of images of cats playing around with catnip.)

That said, not all cats respond to catnip. According to Topper, an estimated 70 percent of cats react to catnip, and it appears to have a genetic basis. Topper compares it to the genetic variation that causes some individuals to smell asparagus pee while others don’t. Even if a cat will eventually love the smell of catnip, it doesn’t come out of the womb yearning for a sniff. Young kittens don’t show any behavioral response to it, and may not develop one until several months after birth [PDF].

But some researchers contend that more cats may respond to catnip than we actually realize. In one 2017 study, a group of researchers in Mexico examined how cats might subtly respond to catnip in ways that aren’t always as obvious as rolling around on the floor with their tongue hanging out. It found that 80 percent of cats responded to catnip in a passive way, showing decreased motor activity and sitting the “sphinx” position, an indicator of a relaxed state.

There are also other plants that have similar effects on cats, some of which may appeal to a wider variety of felines than regular old catnip. In a 2017 study in the journal BMC Veterinary Research, researchers tested feline responses to not just catnip, but several other plants containing compounds similar in structure to nepetalactone, like valerian root, Tatarian honeysuckle, and silver vine. They found that 94 percent of cats responded to at least one of the plants, if not more than one. The majority of the cats that didn’t respond to catnip itself did respond to silver vine, suggesting that plant might be a potential alternative for cats that seem immune to catnip’s charms.

Despite the name, domestic cats aren’t the only species that love catnip. Many other feline species enjoy it, too, including lions and jaguars, though tigers are largely indifferent to it. The scent of the plant also attracts butterflies. (However, no matter what you’ve heard, humans can’t get high off it. When made into a tea, though, it reportedly has mild sedative effects.)

The reason Nepeta cataria releases nepetalactone doesn’t necessarily have to do with giving your cat a buzz. The fact that it gives cats that little charge of euphoria may be purely coincidental. The chemical is an insect repellant that the plant emits as a defense mechanism against pests like aphids. According to the American Chemical Society, nepetalactone attracts wasps and other insect predators that eat aphids, calling in protective reinforcements when the plant is in aphid-related distress. That it brings all the cats to the yard is just a side effect.

Because of this, catnip may have even more uses in the future beyond sending cats into a delighted frenzy. Rutgers University has spent more than a decade breeding a more potent version of catnip, called CR9, which produces more nepetalactone. It’s not just a matter of selling better cat toys; since catnip releases the compound to ward off insects, it’s also a great mosquito repellant, one that scientists hope can one day be adapted for human use. In that case, you might be as excited about catnip as your cat is.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

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Why Are Mugshots Made Public Before a Suspect is Convicted by the Court?
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Jennifer Ellis:

Several reasons.

1. Mugshots can help find people when they have absconded, or warn people when someone is out and dangerous. So there is a good reason to share some mugshots.

2. Our legal system requires openness as per the federal constitution, and I imagine most if not all state constitutions. As such, this sort of information is not considered private and can be shared. Any effort to keep mugshots private would result in lawsuits by the press and lay people. This would be under the First and Sixth Amendments as well as the various Freedom of Information Acts. However, in 2016 a federal court ruled [PDF] that federal mugshots are no longer routinely available under the federal FOIA.

This is partially in recognition of the damage that mugshots can do online. In its opinion, the court noted that “[a] disclosed booking photo casts a long, damaging shadow over the depicted individual.” The court specifically mentions websites that put mugshots online, in its analysis. “In fact, mugshot websites collect and display booking photos from decades-old arrests: BustedMugshots and JustMugshots, to name a couple.” Some states have passed or are looking to pass laws to prevent release of mugshots prior to conviction. New Jersey is one example.

a) As the federal court recognizes, and as we all know, the reality is that if your picture in a mugshot is out there, regardless of whether you were convicted, it can have an unfortunate impact on your life. In the old days, this wasn’t too much of a problem because it really wasn’t easy to find mugshots. Now, with companies allegedly seeking to extort people into paying to get their images off the web, it has become a serious problem. Those companies may get in trouble if it can be proved that they are working in concert, getting paid to take the picture off one site and then putting it on another. But that is rare. In most cases, the picture is just public data to which there is no right of privacy under the law.

b) The underlying purpose of publicity is to avoid the government charging people and abusing the authority to do so. It was believed that the publicity would help protect people. And it does when you have a country that likes to hide what it is up to. But, it also can cause harm in a modern society like ours, where such things end up on the web and can cause permanent damage. Unfortunately, it is a bit of a catch-22. We have the right to know issues and free speech rights smack up against privacy rights and serious damage of reputation for people who have not been convicted of a crime. The law will no doubt continue to shake out over the next few years as it struggles to catch up with the technology.

This post originally appeared on Quora. Click here to view.

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