The US Supreme Court has agreed to hear a bid by Rise Brewing to hold PepsiCo liable for alleged trademark infringement concerning Pepsi’s morning energy drink “Mtn Dew Rise.”
Background of the Case
Rise Brewing, a canned-coffee maker, sued Pepsi in 2021, alleging that the product name “Mtn Dew Rise” infringes its trademarks and creates customer confusion with its coffee brand. Pepsi launched Mtn Dew Rise, a fruit-flavored energy drink, in 2021.
The Manhattan-based U.S. District Judge Lorna Schofield initially granted Rise’s request to temporarily block Pepsi’s use of the “Rise” name, citing evidence that it posed an “existential threat” to Rise’s business. However, the Manhattan-based 2nd U.S. Circuit Court of Appeals overturned Schofield’s order in 2022.
Rise argued that the strength of its trademarks was a factual question that should not have been decided by a judge, and that other federal appeals courts have left that matter to juries to decide. The Supreme Court is expected to hear the case during its next term, which begins in October.
Original reporting: Appleton, WI News Feed (HLL/CB) — read the source article.
