The Coca-Cola bottle is among the most famous product packaging in the world. Consumers everywhere instantly recognize the distinctive curvy bottle and understand what it represents. It has been celebrated as a design classic and featured prominently by artists ranging from Norman Rockwell to Andy Warhol. The bottle is not only a cultural icon but also a triumph of branding, its goodwill built up over time by the Coca-Cola Company’s heavy investments in advertising and other forms of marketing.

This volume emerged from the notion that marketers and lawyers often talk about the same things. They may use different names, but essentially the things they talk about are the same. For example, while marketers talk about brands, lawyers talk about trademarks. However, relatively late in the process of editing this volume, we, as editors, had a somewhat unsettling realization. Throughout the planning and editing process for this book, we had been laboring under, not unrelated, but certainly not identical, views about the domain of marketing and the reach of law. We had no real common understanding of what marketing is, what marketing theory entails, and how the law shapes and governs marketing activities. Such a state of affairs is part of the inevitable risk of bringing together a group of scholars from two distinct disciplines. Fortunately, the realization helped us recognize that both marketing and law are sometimes vessels into which users can pour whatever content they wish. At the start, therefore, we thought it wise to dispense with some misconceptions and offer at least some working definitions of the terms and ideas we encounter in this volume.

In 2014, two titans in the food industry squared off in the Supreme Court of the United States. POM Wonderful, LLC is a well-known beverage producer, largely credited with ushering in America’s love affair with pomegranate juice. POM Wonderful produces a number of pomegranate-based beverages. One such beverage is a “Pomegranate Blueberry” juice that consists primarily of, well, pomegranate and blueberry juice. Not to be left out of the bourgeoning pomegranate juice market, the Coca-Cola Company began manufacturing and selling its own version of a pomegranate blueberry juice drink: Minute Maid Enhanced Pomegranate Blueberry Flavored 100% Juice Blend. It consists of 99.4 percent apple juice.