PepsiCo Fends Off Trademark Lawsuit Over MTN Dew Rise Energy Drink

PepsiCo Inc. has successfully defended against a potential trademark infringement lawsuit by Rise Brewing Co., which accused the beverage giant of exploiting the "Rise" brand name for its MTN Dew Rise Energy drink. The Federal court in New York dismissed the case, siding with PepsiCo's argument that there was significant differentiation between the two brands.

The lawsuit will not continue after PepsiCo convinced the court that it should dissolve the suit being lodged by Rise Brewing over allegations that the beverage and snack giant used a similar name, "MTN DEW Rise," for its energy drink. The coffee brewer said PepsiCo is taking advantage of its Rise brand by adding "Rise" to the name of its MTN Dew energy drink.

Rise Brewing explained the energy drink's name is "confusingly similar" to its brand. However, Bloomberg Law reported that the New York federal court sided with PepsiCo and dismissed the trademark infringement claims. The decision comes a year after the court banned Pepsi's "MTN Dew Rise" drinks, but it was lifted on appeal.

The dismissal of the trademark lawsuit against PepsiCo was first reported on Wednesday, Aug. 2. In its argument, PepsiCo said its branding for MTN Dew Rise energy drink differs greatly from Rise's products. It also pointed out that the mere appearance of the drink is nothing like the logos or marks on Rise's coffee drink containers.

With these statements, the U.S. District Court for the Southern District of New York was convinced there was no basis for trademark infringement. Thus, the judge ordered the dissolution of the case.

Finally, Reuters further reported that U.S. District Judge Lorna Schofield explained that Rise could not prove that Pepsi's energy drink product confused consumers. This was a victory for PepsiCo after a previous ruling from the same judge led to the order for Pepsi to stop using the "MTN Dew Rise" name.

Photo by: Pepsico Press Release