This website requires JavaScript. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari.

Options

From our private database of 33,600+ case briefs...

Penalty Kick Management Ltd. v. Coca Cola Co.

United States Court of Appeals for the Eleventh Circuit

318 F.3d 1284 (2003)

Facts

Penalty Kick Management Ltd. (PKM) (plaintiff) created drink labels called Magic Windows that revealed a label’s code using a colored filter after the drink was emptied. PKM and Coca Cola Co. (defendant) signed a nondisclosure agreement to keep the label process a secret, and Coca-Cola offered PKM $1 million and a per-label royalty to use the labels globally. While the negotiations were ongoing, Coca-Cola met with Steve Everett, a salesman with ITW-Autosleeve (ITW), a label printer in Argentina. Coca-Cola asked whether Everett could make a window label and showed Everett a mock-up of a bottle with printer paper on one side and colored paper on the other side. Without any instructions, Everett created a window label by determining the type of printing press, inks, colors, and production process needed. Everett considered the task simple everyday printing that did not require new technology, and he completed the label in three weeks. After Coca-Cola used the labels on its bottles, PKM sued Coca-Cola for trade-secret misappropriation. The district court granted summary judgment for Coca-Cola and held that although Magic Windows was a trade secret, Coca-Cola did not misappropriate it. PKM appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, please start your free trial or log in.

Holding and Reasoning (Tjoflat, J.)

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 603,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.
Unlock this case brief Read our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.
Learn about our approach Read more about Quimbee

Here's why 603,000 law students have relied on our case briefs:

Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership

Here's why 603,000 law students have relied on our case briefs:

Reliable - written by law professors and practitioners, not other law students
The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
Access in your class - works on your mobile and tablet
33,600 briefs - keyed to 984 casebooks
Uniform format for every case brief
Written in plain English - not in legalese and not just repeating the court's language
Massive library of related video lessons - and practice questions
Top-notch customer support