Court backs Rise Brewing's infringement claim against PepsiCo's Mtn Dew Rise Energy

Nov. 13, 2021

A New York City-based RTD coffee company won its preliminary legal fight against PepsiCo Inc. over the latter's "Mtn Dew Rise Energy" product name. PepsiCo launched the Mtn Dew extension in March.

A federal judge this month gave Rise Brewing Co. an injunction against PepsiCo's use of the word “Rise” in its new Mtn Dew energy drink, which rolled out in partnership with NBA superstar LeBron James.

In June, Rise and Sunshine Corp., dba Rise Brewing Co., filed a lawsuit against PepsiCo for willful trademark infringement. The lawsuit was filed in the U.S. District Court for the Northern District of Illinois – Eastern Division.

The federal court in Illinois Nov. 3 granted a preliminary injunction forbidding PepsiCo from using the word “Rise” on the energy drinks packaging or in PepsiCo's product marketing.


[Credit: Rise Brewing Co.]
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