Cola wars: suit shows Dr Pepper at odds over sale, marketing of lemon-lime soft drink

By John Suayan | Mar 12, 2018

SHERMAN – Dr Pepper/Seven Up, Inc. has filed a lawsuit against Bottling Group, LLC, accusing the defendant of violating their licensing agreement, recent Sherman federal records indicate.

SHERMAN – Dr Pepper/Seven Up, Inc. has filed a lawsuit against Bottling Group, LLC, accusing the defendant of violating their licensing agreement, recent Sherman federal records indicate.

The suit, which was filed on Mar. 6, claims Bottling Group, doing business as The Pepsi Bottling Group, reneged on its promise not to sell soft drinks similar to those licensed by the plaintiff in the latter’s 70-county territory, which encompasses much of West Texas.

The agreement between the two parties dates back to February 2010.

According to the complainant, Pepsi committed a breach of contract by “aggressively advertising and promoting Mtn Dew Ice” in its territory.

“Mtn Dew Ice has the same or substantially the same characteristics and flavor designation as 7UP,” the original petition says.

The respondent allegedly refuses to heed Dr Pepper’s request to stop selling, distributing, and marketing the beverage.

Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.

It is represented by John T. Cox III and Andrew S. Hansbrough of the law firm Lynn Pinker Cox & Hurst, LLP in Dallas.

Sherman Division of the Eastern District of Texas Case No. 4:18-CV-0151

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