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HomeHome > Judicial Development > US&UK > Trademark

Pepsi win in 'Mtn Dew Rise' trademark case upheld by US appeals court

Post time：12-20 2024 Source：Reuters Author：Blake Brittain
tags： Pepsi Trademark Case
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Dec 19 - A U.S. appeals court sided with PepsiCo (PEP.O) on Thursday in a lawsuit from canned coffee maker Rise Brewing that accused Pepsi's "Mtn Dew Rise" morning energy drink of infringing its trademarks.
 
The 2nd U.S. Circuit Court of Appeals upheld a Manhattan federal judge's ruling that Pepsi's drink was not likely to cause consumer confusion with Rise's brand.
 
Spokespeople and attorneys for Rise and Pepsi did not immediately respond to requests for comment on the decision.
 
PepsiCo launched Mtn Dew Rise, a fruit-flavored energy drink marketed to morning drinkers, in 2021. Stamford, Connecticut-based Rise sued Pepsi for trademark infringement later that year. It argued that Pepsi, which also distributes Starbucks coffee drinks, was trying to "destroy a leading competitor" by flooding the market with a similarly named product.
 
U.S. District Judge Lorna Schofield granted Rise's request to temporarily block Pepsi's use of the "Mtn Dew Rise" name, finding evidence it posed an "existential threat" to Rise's business. The 2nd Circuit overturned Schofield's order in 2022.
 
Pepsi convinced Schofield to throw out the case last year in light of the appeals court's decision. The judge said Rise's trademark rights were weak because of the "strong logical associations between 'Rise' and coffee," and said the differences in the drinks' branding were "far more notable than the similarities."
 
The 2nd Circuit affirmed Schofield's decision on Thursday, rejecting Rise's arguments that the case should have been allowed to go to trial.
 
The case is Rise Brewing v. PepsiCo Inc, 2nd U.S. Circuit Court of Appeals, No. 23-1176.
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