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TAKEALL v. PEPSICO, INC.

Civ. No. S 92-766.

809 F.Supp. 19 (1992)

Arthur TAKEALL v. PEPSICO, INC.

United States District Court, D. Maryland.

December 23, 1992.

Attorney(s) appearing for the Case

John S. Lopatto, III, Paulson, Nace, Norwind & Sellinger, Washington, D.C., for plaintiff.

Charles D. Ossola, Sharon G. Hyman and Stephen P. Demm, Hunton & Williams, Washington, D.C., for defendant.

MEMORANDUM OPINION

SMALKIN, District Judge:

This is a case arising from a high-profile advertising campaign for Diet Pepsi, sprung on the American populace during the 1991 Superbowl after its curiosity had been worked up into an anticipatory frenzy by pre-Superbowl "teaser" advertisements. During the Superbowl, and at what must have been phenomenal per-spot fees, PepsiCo had the legendary Ray Charles premiere its new Diet Pepsi jingle, by playing and singing...

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