Pepsi-Cola Bottling Co. of Pittsburgh, Inc. v. Bottling Group, LLC

2009 WL 873020 (2009)

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Pepsi-Cola Bottling Co. of Pittsburgh, Inc. v. Bottling Group, LLC

United States District Court for the District of Kansas
2009 WL 873020 (2009)

Facts

For years, Bottling Group, LLC (BGL) (defendant) used pallets and shells with the word Pepsi on them to transport and sell non-Pepsi products. A lawsuit between Pepsi-Cola Bottling Company of Pittsburgh, Inc. (Pepsi) (plaintiff) and BGL ended with a settlement agreement that barred BGL from using pallets and shells with the word Pepsi on them, but BGL continued to engage in the conduct. Pepsi moved for a preliminary injunction to order specific performance of the settlement agreement, arguing that BGL’s conduct damaged Pepsi’s goodwill, ability to control its brand name, and franchise integrity. The district court ruled on Pepsi’s motion.

Rule of Law

Issue

Holding and Reasoning (O’Hara, J.)

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