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35-606: Leonard v. Pepsico, Inc. , 88 F. Supp. 2d 116, ( S.D.N.Y. 1999), aff'd 210 F.3d 88 ( 2d Cir. 2000), more widely known as the Pepsi Points case , is an American contract law case regarding offer and acceptance . The case was brought in the United States District Court for the Southern District of New York in 1999; its judgment was written by Kimba Wood . In 1996, PepsiCo began

70-585: A docuseries about the case titled Pepsi, Where's My Jet? was released on Netflix . United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations , S.D.N.Y. ) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York . Two of these are in New York City : New York (Manhattan) and Bronx ; six are in

105-463: A Harrier Jet is an exaggerated adolescent fantasy," the court made several observations regarding the nature and content of the commercial, including: The court also stated that: In light of the Harrier Jet's well-documented function in attacking and destroying surface and air targets, armed reconnaissance and air interdiction, and offensive and defensive anti-aircraft warfare, depiction of such

140-964: A bankruptcy judge. Since its creation, the Southern District of New York has had over 150 judges, more than any other District. Twenty-one judges from the Southern District of New York have been elevated to the United States Court of Appeals for the Second Circuit — Samuel Blatchford , Charles Merrill Hough , Learned Hand , Julius Marshuetz Mayer , Augustus Noble Hand , Martin Thomas Manton , Robert P. Patterson , Harold Medina , Irving Kaufman , Wilfred Feinberg , Walter R. Mansfield , Murray Gurfein , Lawrence W. Pierce , Pierre N. Leval , John M. Walker Jr. , Sonia Sotomayor , Denny Chin , Barrington Daniels Parker Jr. , Gerard E. Lynch , Richard J. Sullivan , and Alison Nathan . Blatchford and Sotomayor, after being elevated from

175-404: A check for $ 700,008.50 to PepsiCo, attempting to purchase the jet. PepsiCo initially rejected Leonard's offer, citing the humorous nature of the offer in the advertisement. Leonard then sued PepsiCo, Inc. in an effort to enforce the offer and acceptance perceived by Leonard to be made in the advertisement. In her judgment, Wood sided with PepsiCo, noting the frivolous and improbable nature of landing

210-436: A fighter jet in a school zone that was portrayed by the protagonist. PepsiCo would re-release the advertisement, valuing the jet at 700,000,000 Pepsi Points. The Harrier Jet is not yet visible, but the observer senses the presence of a mighty plane as the extreme winds generated by its flight create a paper maelstrom in a classroom devoted to an otherwise dull physics lesson. Finally, the Harrier Jet swings into view and lands by

245-502: A jet as a way to get to school in the morning is clearly not serious even if, as plaintiff contends, the jet is capable of being acquired 'in a form that eliminates [its] potential for military use.' The decision was appealed to the United States Court of Appeals for the Second Circuit , which issued a brief, per curiam opinion concluding, "We affirm for substantially the reasons stated in Judge Wood's opinion." Pepsi never cashed

280-487: A label, the promotion allowed Pepsi Points to be directly purchased for 10¢ per point, a detail noticed by Leonard, who convinced five investors to lend him a total of $ 700,000. Leonard sent a check for $ 700,008.50 (including $ 10 for shipping and handling), and 15 labels, per promotion rules. The offer was refused by Pepsi, who referred to the promotion of the Harrier jet in the commercial as "fanciful" and stated its intention

315-413: A liking for Pepsi-Cola!" Previous Coca-Cola advertisements had featured Norman Rockwell styled images of small towns and nostalgic scenes, as well as traditional figures such as Santa Claus . Pepsi told soft drink consumers that there are Coke people, and there are Pepsi people, and if you're a Pepsi person you are young, and the future's on your side. This "image campaign" inspired Coca-Cola to do

350-508: A promotional loyalty program in which customers could earn Pepsi Points which could be traded for physical items. A television commercial for the loyalty program displayed the commercial's protagonist flying to school in a McDonnell Douglas AV-8B Harrier II vertical take off jet aircraft, valued at $ 37.4 million at the time, which could be redeemed for 7,000,000 Pepsi Points. The plaintiff, John Leonard, discovered these could be directly purchased from Pepsi at 10¢ per point. Leonard delivered

385-499: A seat on the court. Chief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy

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420-682: A similar "hip" campaign in 1971, " I'd Like to Teach the World to Sing (in Perfect Harmony) ," which also sold the lifestyle rather than the soft drink itself. Pottasch, creator of the campaign, said that "For us to name and claim a whole generation after our product was a rather courageous thing that we weren't sure would take off." The "Pepsi Generation" was one of the first and best known instances of what came to be known as " lifestyle marketing". It focused on portraying Pepsi drinkers as possessing desirable qualities such as youth, rather than on

455-508: Is colloquially called the "Mother Court", or the "Sovereign District of New York." The district itself has had several prominent judges on its bench, including Learned Hand , Michael Mukasey , and Sonia Sotomayor , and many of the U.S. attorneys for the district have been prominent American legal and political figures, such as Elihu Root , Henry L. Stimson , Robert Morgenthau , Rudy Giuliani , James Comey , Michael J. Garcia , and Preet Bharara . The United States District Court for

490-992: Is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position. When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status , or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982. Pepsi Generation Earlier campaigns for Pepsi-Cola had emphasized price competition . Twelve US fl oz (350 ml) Pepsi bottles contained nearly twice as much beverage as seven US fl oz (210 ml) standard Coca-Cola bottles, and Coca-Cola

525-624: The Hudson Valley : Westchester , Putnam , Rockland , Orange , Dutchess , and Sullivan . Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act , which are appealed to the Federal Circuit ). Because it covers Manhattan , the Southern District of New York has long been one of

560-577: The District of New York was one of the original 13 courts established by the Judiciary Act of 1789 , 1 Stat. 73, on September 24, 1789. It first sat at the old Merchants Exchange on Broad Street in November 1789, the first federal court to do so. The Act of April 9, 1814, 3 Stat. 120, divided the District of New York into Northern and Southern Districts. The subdivision of the district

595-513: The Pepsi Generation, that Pepsi-Cola was taking a stand with the "young" side of the 1960s-era " generation gap ". Television ads featuring the campaign typically displayed young people pursuing exotic entertainments like motorcycle or watercycle riding or piloting a windship through a desert, while an announcer described Pepsi drinkers as people who saw the "young view of things". "Who is the Pepsi Generation? Livelier, active people with

630-928: The Southern District of New York represents the United States in civil and criminal litigation in the Court. As of October 10, 2021 the United States Attorney is Damian Williams . The court sits in the Thurgood Marshall United States Courthouse and Daniel Patrick Moynihan United States Courthouse , both in Manhattan , and in the Charles L. Brieant Jr. Federal Building and Courthouse in White Plains . The United States District Court for

665-618: The Southern District of New York encompasses the counties of New York, Bronx, Westchester, Rockland, Putnam, Orange, Dutchess, and Sullivan and draws jurors from those counties. The Court also shares jurisdiction over the waters of the counties of Kings, Nassau, Queens, Richmond, and Suffolk with the United States District Court for the Eastern District of New York . The Court hears cases in Manhattan, White Plains, and Poughkeepsie, New York. The United States Attorney's Office for

700-593: The Southern District of New York to serve as Circuit Judges for the Second Circuit, were later elevated to the Supreme Court of the United States . The longest serving judge, David Norton Edelstein , served as an active judge for 43 years to the day, and in senior status for an additional six years. Judges of the court have gone on to other high governmental positions. Robert P. Patterson served as Under Secretary of War under President Franklin Roosevelt and

735-700: The Southern to the Northern district. For the first hundred years of its existence, the case load of the district was dominated first by admiralty cases, and then by a mix of admiralty and bankruptcy cases. The primary responsibility for hearing bankruptcy cases has since been transferred to the United States Bankruptcy Court for the Southern District of New York , with the District Court only reviewing cases already decided by

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770-436: The characteristics of the product itself. Pottasch said that "Pepsi was young, spirited, people doing active things—playing volleyball on the beach.... but younger we said in mind, in attitude, in feeling. Young in spirit. Young in heart." In 1984, Pottasch repeated the themes of the Pepsi Generation with "The Choice of a New Generation" campaign. This launch coincided with Michael Jackson 's appearance in commercials. During

805-489: The characters in it as "positive, in control and lay claim to the future—the antithesis of Generation X ". The ads featured the jingle " Move Over ", written by Mary Wood and Clifford Lane of the BBDO advertising agency , which contained the slogan "Generation Next". The lyrics of the song mock past musical styles such as " rave , rap , punk , metal " urging listeners to not "do it over, cause that's over", while embracing

840-442: The check, so there was no case for fraud. Pepsi continued to air the commercial, but it updated the cost of the Harrier Jet to 700 million Pepsi Points and added a clarifying "Just Kidding" disclaimer. The Pentagon stated that the Harrier Jet would not be sold to civilians without "demilitarization", which, in the case of the Harrier, would have included stripping it of its ability to land and take off vertically. On November 17, 2022,

875-404: The decision had to be made by a jury consisting of members of the " Pepsi Generation " to whom the advertisement would allegedly constitute an offer. The court, presided over by Judge Kimba Wood , rejected Leonard's claims and denied recovery on several grounds, including: In justifying its conclusion that the commercial was "evidently done in jest" and that "The notion of traveling to school in

910-479: The mid-1990s, Pepsi faced competition from Coca-Cola , and sought to attract a younger audience. In March 1996, Pepsi began the Pepsi Stuff promotional campaign, allowing customers to accrue Pepsi Points that could, in turn, be redeemed for items such as T-shirts and leather jackets. These points could be earned through purchasing Pepsi products, with labels attached to the boxes of such products. The campaign

945-409: The most active and influential federal trial courts in the United States. It often has jurisdiction over America's largest financial institutions and prosecution of white-collar crime and other federal crimes. Because of its age, being the oldest federal court in the history of the United States, great influence, described as "the preeminent trial court in the nation", and its strong independence, it

980-442: The side of the school building, bombing everything in sight next to a bicycle rack. Several students run for cover, and the velocity of the wind strips one hapless faculty member down to his underwear. While the faculty member is being deprived of his dignity, the voiceover announces: "Now the more Pepsi you drink, the more great stuff you're gonna get." Wood's statement of facts, Leonard v. Pepsico, Inc. , 88 F. Supp. 2d 116 In

1015-486: The time of the campaign, other actors and musicians have pitched the product, including Lionel Richie , Tina Turner , David Bowie , Glenn Frey , Gloria Estefan and the Miami Sound Machine and Michael J. Fox . In January 1997, Pepsi announced its new global marketing campaign under the "GeneratioNext" slogan, a continuation of the "Pepsi Generation" advertisement theme. The new slogan aimed to replace

1050-542: The various catch phrases used in the United States such as "Nothing else is a Pepsi", and those used in international markets such as "Change the script" and "Choice of a new generation". Pepsi bought around four minutes of commercial time during the Super Bowl XXXI , which aired on 26 January 1997. The commercial was fast-paced and featured young boxers, waitresses and fun-seekers. Brian Swette, executive vice president and chief marketing officer at Pepsi, described

1085-475: Was Secretary of War under President Harry S. Truman . Louis Freeh served as Director of the Federal Bureau of Investigation from September 1993 to June 2001. Michael Mukasey served as the 81st United States Attorney General under President George W. Bush . As of November 6, 2024 : On November 8, 2024, President Joe Biden announced his intent to nominate Tali Farhadian Weinstein to

Leonard v. Pepsico, Inc. - Misplaced Pages Continue

1120-532: Was by far the leading brand of soft drink. Pepsi launched a jingle campaign in 1939, " Pepsi-Cola Hits the Spot ": This 1939 jingle focused on the simple proposition that Pepsi was just as good as Coke, but better value. The Pepsi Generation campaign represented a major shift away from that line of thinking; rather than being just as good as Coke, Pepsi was different from Coke. The Pepsi Generation and its associated jingle — told Pepsi drinkers, now enrolled in

1155-541: Was reportedly instigated by Matthias B. Tallmadge , out of antipathy for fellow district judge William P. Van Ness . These Districts were later further subdivided with the creation of the Eastern District on February 25, 1865 by 13 Stat. 438, and the Western District on May 12, 1900, by 31 Stat. 175. Public Law 95-408 (enacted October 2, 1978) transferred Columbia, Greene, and Ulster counties from

1190-458: Was the largest in Pepsi's history. To advertise the promotion, Pepsi released a series of television commercials; one of these commercials showcased a computer-generated Pepsi-branded AV-8 Harrier II , a Harrier jet manufactured by McDonnell Douglas . The commercial, which offered the jet for 7,000,000 Pepsi Points, caught the attention of John Leonard, a 21-year-old business student. In place of

1225-519: Was to create a "humorous and entertaining ad". The claim alleged both breach of contract and fraud. The case was originally brought in Florida , but eventually heard in New York . The defendant, PepsiCo , moved for summary judgment pursuant to Federal Rule of Civil Procedure 56. Among other claims made, Leonard claimed that a federal judge was incapable of deciding on the matter, and that instead

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