Business 8th Edition by Marianne Jennings

Exercise 1

Seven-Up Co. began distributing its soft drinks, including its lemon-lime 7UP, in the 1920s, and by the time Coca-Cola introduced its lemon-lime soft drink, Sprite, in 1961, 7UP dominated the market. Coca-Cola had been trying for years to break TUP's hold on the market. In 1991, it launched a sales presentation known as 'The Future Belongs to Sprite" The sales presentation consisted of charts, graphs, and overhead displays comparing the relative sales performance of Sprite and 7UP during the 1980s. After the sales presentation had been made to eleven bottlers, five of them decided to switch their lemon-lime soft drink from 7UP to Sprite.
7UP filed suit, alleging that Coca-Cola had skewed the data in its presentations and misrepresented what was happening with 7UP's market share. Is the presentation a form of advertising for which 7UP has a remedy? Is there damage from a competitor through misleading ads? [ Seven-Up Co. v Coca-Cola Co., 86 R3d 1379 (5th Cir. 1996)]