Coca Cola

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Business News Digest – April 2014

In this issue: - Cybersecurity Assessments – Using the Tool Well - A SOX in the Gut: Supreme Court Vastly Expands Workplace "Whistleblower" Law - SEC to Scrutinize Never-Examined Investment...more

POM Wonderful's Decertification Decision Will Be Hard to Swallow for the Plaintiffs' Class Action Bar

On March 25, 2014, Judge Dean Pregerson, of the U.S. District Court, Central District of California, decertified a nationwide class of consumers in a class action brought against POM Wonderful LLC over allegedly false and...more

Pom Wonderful Brings Food Labeling Dispute To The U.S. Supreme Court: When Are Claims Based On Allegedly Improper Product Labeling...

A long-standing false advertising dispute between beverage companies Pom Wonderful and Coca-Cola has reached the United States Supreme Court and carries far-reaching implications for other food labeling litigation. On January...more

Dispensing Justice on Dispensing Beverage Patents and Products

After initiating an action in the Southern District of Illinois against The Coca-Cola Company (“Coca-Cola”) for patent infringement of seven patents, Beverage Dispensing Solutions, LLC (“BDS”) stipulated to transfer of the...more

High Court Decision In Pom V. Coke Could End Food Wars

The U.S. Supreme Court has decided to wade into a battle between Pom Wonderful and The Coca-Cola Co. over whether the labels on Coke’s Minute Maid pomegranate-blueberry juice blend violate the Lanham Act’s prohibition against...more

Supreme Court Loads Up IP Docket

Over the past two months, the U.S. Supreme Court has agreed to hear five cases that will have a significant impact on intellectual property law. Three of the cases involve issues of patent law, one involves copyright, and...more

Pom Wonderful Case Against Coca-Cola Heads to the High Court

The United States Supreme Court has decided to wade into a battle between POM Wonderful LLC and Coca-Cola Co. over whether Coke’s labeling of its Minute Maid pomegranate-blueberry juice blend violates the Lanham Act’s...more

Supreme Court Will Rule on Whether Agency-Approved Beverage Label Can Be Challenged as ‘False Advertising’ in Federal Court

On January 10, 2014, the U.S. Supreme Court agreed to hear an appeal by Pom Wonderful LLC against The Coca-Cola Company. The Court will examine whether Pom can bring a federal Lanham Act false advertising claim against a...more

Supreme Court Grants Certiorari in POM’s Attack on FDCA/Lanham Act Preemption

On Friday, the Supreme Court granted the certiorari petition of Pom Wonderful in its Lanham Act false advertising case against Coca-Cola. Pom Wonderful LLC v. Coca Cola Co., 679 F.3d 1170 (9th Cir. 2012), cert granted, ___...more

Agricultural Sector Companies Face Increased Scrutiny on Human Rights-Related Risks

Agricultural sector companies, and companies with large agricultural supply chains, face new scrutiny from investors and other stakeholders concerning human rights-related risks in their corporate supply chains. Key issues...more

From the Land Down Under

I come bearing breaking legal news from the Land Down Under, specifically, New Zealand. It appears that Coca-Cola recently suffered a small setback in its quest for world domination. Those of you familiar with...more

Supreme Court Corner: Q4 2013

CASES TO WATCH - Petrella v. Metro-Goldwyn-Mayer Inc. Copyright: Status: cert. granted Issue: Is the equitable defense of laches available in a copyright claim filed within the Copyright Act’s three-year...more

Brandmarking: Thoughts On The Creation, Protection, And Enforcement Of Brand Identity - October 2013 • Volume 2, Number 4

In This Issue: - IS THIS REALLY A JOB FOR THE TRADEMARK OFFICE? Legal proceedings involving mass murders and lurid sexual escapades get lots of media attention. Trademark cases? Not so much. That’s...more

The World’s Best Global Brand Is . . . Apple

Interbrand has chosen Apple as the Best Global Brand for 2013, surpassing Coca-Cola. Apple was number 3 last year, rising from number 8 in 2011....more

Supreme Court corner - Q3 2013

RECENT DECISIONS - Federal Trade Commission v. Actavis - Decided: 6/17/2013 Patent Holding: (5-3) reverse payment settlement agreements should be reviewed based on a “rule of reason. In a split...more

Magistrate Judge Recommends Certification of Two Proposed Classes in “vitaminwater” Litigation

A federal magistrate judge in New York has recommended that New York and California classes be certified to pursue injunctive and declaratory relief against Coca-Cola and Energy Brands for allegedly deceptive labeling of its...more

Coca-Cola Open for Co-Branding?

By now you know how much I love the Coca-Cola brand and advertising, and this beautiful gem of a billboard is no exception...more

When Less is More: Bits and Pieces of Brands

There is no point to spending money on advertising if those experiencing it don’t understand who’s communicating about what brand, right?...more

Happiness is a Federally-Registered Mark

It should be no surprise that the famous Coca-Cola brand name is federally-registered. One of the many significant benefits of federal registration is the USPTO’s obligation to refuse registration of third party marks that...more

The Most Famous Bottle Design, Forever?

Coca-Cola settled on its famous contour bottle design almost 100 years ago, in 1916, after several years of trials with other far less distinctive shapes (at least under today’s standards)...more

Employee’s Threatening Behavior May Justify Mandatory Medical Examination

When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers. ...more

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the...more

Pepsi, No Coke: Branding Nonsense at Work?

Irony is something I enjoy capturing, as you already know, especially when it comes to branding. Take this recent image from my favorite hot dog joint in Grand Rapids, Michigan, Yesterdog...more

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