Vending

Court orders PepsiCo to stop using ‘Rise’ name for energy drink

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November 5, 2021

A federal judge in Manhattan has ruled that PepsiCo Inc. must stop using the "Mtn Dew Rise Energy" name because of a trademark dispute with canned-coffee maker Rise Brewing, according to a Reuters report.

U.S. District Judge Lorna Schofield granted Rise Brewing's request for a preliminary injunction, agreeing that PepsiCo's product will cause customer confusion and present a threat to Rise Brewing.

The order bars PepsiCo from commercially using the "Mtn Dew Rise" name and selling products under any name similar to Rise Brewing's "Rise" trademarks as the lawsuit proceeds.

In August, PepsiCo replied to Rise Brewing's request for a preliminary injunction claiming surveys indicated confusion was not likely.

On Wednesday, the judge said Rise Brewing provided sufficient evidence of likely confusion to warrant the injunction.

Both companies have marketed products to the convenience services industry.