Pepsi win in 'Mtn Dew Rise' trademark case upheld by US appeals court
19/12/2024 18:20
By Blake Brittain
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.
For Rise: Christopher McArdle of Alston & Bird
For Pepsi: Dale Cendali of Kirkland & Ellis
Read more:
PepsiCo sued by Rise coffee maker over morning energy drink
Pepsi wins appeal in trademark fight over 'Mtn Dew Rise'
name
PepsiCo defeats trademark lawsuit over 'Mtn Dew Rise' energy
drink