Katie Bond Quoted in NutraIngredients Article on GHOST Lawsuit

Keller and Heckman Partner Katie Bond was quoted in the NutraIngredients article, “Truce reached after Mondelēz haunts GHOST with lawsuit.” The article summarizes a lawsuit involving snack giant Mondelēz, who claimed that GHOST did not ask for permission to continue a previous partnership when Keurig Dr Pepper acquired GHOST. Commenting independently on the case, Katie pointed out that this lawsuit is a good reminder to companies that using someone else’s brand name can come with its own set of risks, especially from a deception perspective under state laws.

“There isn’t a ton of case law on what might constitute a deceptive implied endorsement, but whenever one company uses another company’s brand name or logo, the question has to be asked, ‘Could this fit the bill?’” said Katie. “To be sure, there are some exceptions, like those allowing for comparative claims or a claim on a store brand saying ‘Compare to Brand X.’”

“But, companies still need to tread lightly,” emphasized Katie.

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