INTERNATIONAL TOTALIZING SYSTEMS v. PEPSICO

No. 89-P-229.

29 Mass. App. Ct. 424 (1990)

560 N.E.2d 749

INTERNATIONAL TOTALIZING SYSTEMS, INC. vs. PEPSICO, INC.

Appeals Court of Massachusetts, Middlesex.

October 18, 1990.


Attorney(s) appearing for the Case

Joseph D. Steinfield (Michael D. Weisman with him) for the plaintiff.

Toni G. Wolfman for the defendant.

Present: BROWN, PERRETTA, & FINE, JJ.


BROWN, J.

We are asked to answer the twin essential questions: What did PepsiCo know and when did it know it? We must also decide whether in the rough and tumble world of commerce the manner and morals of the marketplace have been offended in a legally cognizable manner.

As a by-product of the now famous battle between Coke and Pepsi, the so-called "cola war," in 1978, the defendant, PepsiCo, Inc. (PepsiCo), decided to implement a new, fully electronic vending...

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