Today, many brands are using technology to learn the price the market will bear for a new product, at the point of initial product development.

FORBES: Pricing Part 3: How Does A Brand Know When The Price Is Right?

"Nostalgia is the selling point of their product, but this is a living history and a story of resistance and not falling to the forces, " he said.

WSJ: A Lower East Side Matzo Story, Leavened With History

Under the Lanham Act, a company can sue over claims that name them directly or that merely point to their product in general, as is the case here.

FORBES: Small Plastic Bag Lawsuit Could Have a Huge Impact on Green Business