tag:blogger.com,1999:blog-5764290.post7400440453654535055..comments2024-03-18T07:00:59.438-04:00Comments on Rebecca Tushnet's 43(B)log: Hoist on its own potassium: Gatorade loses to PoweradeUnknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5764290.post-60665148793781449612009-08-11T22:52:42.290-04:002009-08-11T22:52:42.290-04:00Rebecca, nice post and commentary!
One of the thi...Rebecca, nice post and commentary!<br /><br />One of the things that surprised me was Gatorade's failure to submit survey evidence just in case it lost on its literally false assertions. Obviously, as the Court pointed out, they have the resources, they also had the time to obtain the evidence, it appears -- they filed the case in early April and the hearing on the PI motion wasn't until June, so why no survey evidence?<br /><br />I have started to wonder whether the omission had to do with the fact that Gatorade had a history of making similar claims with respect to its Endurance Formula product -- if the results demonstrated consumers actually being misled, it might be used against Gatorade. Possible?<br /><br />More of my thoughts on the topic, here: http://www.duetsblog.com/2009/08/articles/g-gets-an-f-in-the-courtroom-the-gatorade-v-powerade-case/Steve Bairdhttp://www.duetsblog.com/steve-baird.htmlnoreply@blogger.com