December 2018 – The importance and prominent attention given to television commercial broadcast during the Super Bowl is self-evident. In late 2015, dissatisfied with the ideas it had received, PepsiCo reached out to Betty, a small agency located in Trumbull, Connecticut with whom it has worked on Mountain Dew, Amp and Peps Max spots, to solicit new and creative ideas. Betty worked under a tight schedule to pitch several ideas and to make refinements based on PepsiCo feedback. When PepsiCo reported that it had decided to take the commercial in another direction, Betty set its work aside, until the night of the Super Bowl when it was shocked to see the concept it had conceived and pitched broadcast to the largest television audience of the year.

Working with the Martin LLP Litigation Department, Betty initiated suit against PepsiCo. In response, PepsiCo has made two motions to dismiss that Betty successfully opposed. The case has proceeded through discovery and is poised for the next step in the litigation.