In The News

Stephen Zralek Leads Two Iconic American Brands to Victory

Bone McAllester Norton congratulates Chattanooga Bakery, Inc., maker of the infamous MoonPie products, and Dr Pepper/Seven Up, Inc., which distributes RC Cola, for their recent major legal victory at the Tennessee Court of Appeals. This ruling affirmed the trial court’s dismissal of the complaint for lack of subject matter jurisdiction based on complete preemption by the Copyright Act. Attorney Stephen J. Zralek represented the successful parties in this appeal.

The case involved a black-and-white photograph of an unidentified young boy used for more than 30 years to market MoonPie. He asserted that use of his image violated his right of publicity, but our firm successfully argued that the real dispute was over use of the photograph and that any dispute over the photograph was governed by and preempted by federal copyright law.

More information about this victory can be found on Stephen’s blog, TheExpressive, where he explains the case in his entry titled “Magnolia Trees, Mint Juleps, MoonPies & RC Colas.”



Bone McAllester Norton PLLC is a full-service law firm with 37 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit