this post was submitted on 02 Nov 2024
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expectationvsreality
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LIKE THE PEPSI JET LAWSUIT THAT ENDED UP IN FAVOR OF PEPSI
That was an awesome documentary (I forgot the name) but yeah Pepsi is underhanded and that was fucked up, countersuing and picking a favorable judge
I did a paper on that in uni and was wondering why the hell Pepsi did not lose. It was a technicality but I don't think they would win again in this day and age. The deciding factor was that a commercial was supposed to be wild and funny and that no reasonable person would believe they could win a harrier jet.
Liquid Death had their own giveaway and made shots at Pepsi (sorry, SLAMMED) about the jet.
You're way off on this. It wasn't a close case back then, and since then the law has since shifted considerably towards Pepsi on this (advertising is very rarely construed as an actual offer in the contractual sense), so that it would be an even more lopsided win for Pepsi today.
Well that's just silly from the opinion of a random numbered citizen.
Well I'm actually sitting at a computer right now so I might as well provide citations in support of what I was saying.
Here's the judicial ruling. Note that the plaintiff lost on three independent issues, each of which was enough by itself for Pepsi to win:
Then, on appeal, three other appellate judges unanimously ruled that the district court got it exactly right.