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The cheese doodle – the simple curl of cheesy crunchiness that leaves its trademark orange powder on your fingertips long after it disappears into your mouth. It’s not as if we needed a designated day to celebrate a yummy snack food, but anyway here it is. We hoped that you have your calendars marked because today is National Cheese Doodle Day.
History
The development of cheese doodles, or Cheez Doodles as the brand name became to be known, is attributed to Morrie Yohai, president of Old London Foods, a Bronx-based company best known for its Melba toast. (The company was originally started by his father and a cousin and operated as King Kone.) The cheese doodle was born when the company discovered a machine that “processed corn meal under high pressure into a long tube shape.” The tubes were then cut, covered with the cheese and seasonings we’ve come to know and love, and baked. Cheez Doodles, as they are known today, entered the market in the 1950s. Their popularity soared, prompting the Borden Condensed Milk Company to acquire Old London Foods. The production of Cheez Doodles was transferred to Borden’s Wise Potato Chip Division. Although the varieties of Cheez Doodles has expanded, its general recipe remains unchanged. Today, however, there is much greater competition in the world of cheese-coated snacks. Cheetos, made and distributed by Frito-Lay, a division of Pepsico, has grown in popularity since its creation in San Antonio in 1948 and has become the top-selling brand of cheese puffs, in what has become a more-crowded market with multiple manufacturers, flavors, and varieties. (Utz Cheese Balls is also a keen and tasty competitor.)
Case Law
The innocuous cheese doodle or cheese puff has played a role in some litigation throughout its 70-year history. Let’s take a look at some cases in which cheese doodles or Cheetos are mentioned.
Payne v. Frito-Lay, No. 1:2011cv01012 - Document 46 (N.D.N.Y. 2014) – Plaintiff, a pro se inmate, filed a product liability action against Frito-Lay, alleging that, after biting into a Cheetos Puff that contained a dead, dried worm, he suffered ill health effects. A lab report indicated that the dark material that plaintiff cited was simply charred product residue. The court granted defendant’s motion for summary judgment and dismissed plaintiff’s claims, finding that there was no evidence to support the claim that there was a worm in the Cheetos.
Morton Foods v. The Frito Company, 314 F. 2d 822 (1963) – Appellee The Frito Company filed an application to register its trademark, “CHEE-TOS.” Appellant Morton Foods, which used the trademark “chip-O’s,” opposed the application, alleging that appellee would gain a tactical advantage in appellant’s infringement suit against it if the trademark registration application were granted. The Trademark Trial and Appeal Board dismissed the opposition. The United States Court of Customs and Patent Appeals affirmed the dismissal, finding no showing of damage under section 13 of the Lanham Trade-Mark Act.
Frito-Lay, Inc. v. Jacobs, 989 P. 2d 1335 (Utah 1984) – As defendant route salesman was attempting to load his truck with 20 cases of Cheetos, he suffered injuries to his lower back and right leg. An administrative law judge ruled in favor of defendant, and the Industrial Commission denied plaintiffs’ motion for review. Plaintiffs, the employer and the insurer, sought judicial review of the award of worker’s compensation. The court upheld the previous ruling, finding that there was sufficient evidence that the accident related to defendant’s employment.
Beatrice Foods Co. v. The Borden Company, 435 F. 2d 1335 (1971) – Appellant Beatrice Foods sought to register the names “POLLY DOODLES” and “DOODLEY-DOODLES” for candy. Appellee Borden opposed the application based upon the names’ similarity to its own products, such as CHEEZ DOODLES, YANKEE DOODLES, and DIPSY DOODLES. The Trademark Trial and Appeal Board agreed, finding that the use of the word “doodle” as applied to snack foods was “fanciful” and that Beatrice’s use could lead to confusion. The decision was affirmed on appeal.
Harmon v. State of Texas, 951 S.W 2d 530 (Beaumont 1997) – After informing a police officer that he had a knife in his pocket, appellant put his hand in his pocket to remove the weapon. The officer grabbed appellant’s arm, and in doing so, caused the contents of appellant’s pocket to empty. A knife and a bag of Cheetos fell to the ground. Inside the bag of Cheetos were “four off-white square type rocks,” later identified as crack cocaine. Appellant was convicted of possession of a controlled substance. He challenged the conviction, alleging that the evidence was inadmissible because it was discovered during an illegal search. The appellate court, however, disagreed.
Recipes
If all of this talk of cheese doodles and Cheetos has made you hungry, we have some found recipes that might increase your hankering for that salty, cheesy snack. Remember, they’re not just for snacking!