Legal Opinion

International Totalizing Systems, Inc. v. PepsiCo, Inc.

Massachusetts Appeals Court

Decided October 18, 1990No. 89-P-229PublishedCited by 49 opinions

1Opinion of the CourtBrown, 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 machine called the X-Vendor. In 1979, PepsiCo selected three companies to manufacture different parts of the machine: LaCrosse Cooler Co. was to…

2Cases cited36 opinions

  1. Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
  2. International Fidelity Insurance v. WilsonMassachusetts Supreme Judicial Court · 1983
  3. Heller v. Silverbranch Construction Corp.Massachusetts Supreme Judicial Court · 1978
  4. Poirier v. Town of PlymouthMassachusetts Supreme Judicial Court · 1978
  5. Danca v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1982

31 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. Linkage Corp. v. Trustees of Boston UniversityMassachusetts Supreme Judicial Court · 1997
  2. Schwanbeck v. Federal-Mogul Corp.Massachusetts Appeals Court · 1991
  3. Cambridge Plating Co. v. Napco, Inc.Court of Appeals for the First Circuit · 1996
  4. Sebago, Inc. v. Beazer East, Inc.District Court, D. Massachusetts · 1998
  5. Chamberlayne School & Chamberlayne Junior College v. BankerMassachusetts Appeals Court · 1991

44 more not listed; retrieve them via the Exa API.

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