A guy walks into a drug store...

[xoxoxoBruce]

Originally Posted by glatt

I agree. He should have been paid the going rate for all those years, and then the damages should have been tripled to punish Nestle for their wrongdoing. I bet that would put it in the couple hundred thousand dollar range.

I don't know what the law says, but jury awards are reduced on appeal all the time. I bet this one will be too.

I don't know what the law says either but common sense tells me that nobody at Nestle knew about it.
Possibly someone made an honest mistake at the ad agency but they are still responsible.
Nestle has deeper pockets so they get sued for 5% of their profits on the coffee rather than the ad agency for 5% of what they made on the ad campaign.
I know a guy that has a stained glass restoration business. He hired a scaffolding company to put up scaffold around a chuch he was working on. The company failed to add toe boards after so many feet from the ground so OSHA fined the stained glass guy 60odd thousand dollars.
It ain't right.