The Court noted that “rise” may also refer to energy itself and people may expect their energy to “rise” after drinking caffeinated beverages. However, the Second Circuit vacated the order last week, ruling that the district judge failed to see that Rise Brewing’s mark is inherently weak because there is a strong logical association between “rise” and “coffee.” According to the Court, “rise” suggests waking up and is also associated with the morning, a time when many individuals rely on coffee and caffeine for energy to start their day. The district judge found that PepsiCo’s use of the mark was likely to cause consumer confusion with Rise Brewing’s canned products and granted a preliminary injunction against PepsiCo. Rise Brewing’s products prominently feature its registered RISE BREWING CO. District Court for the Southern District of New York.
Rise Brewing, which sells nitro-brewed canned coffee and tea under the mark RISE, was concerned that PepsiCo’s product would lead consumers to believe that Rise Brewing’s products were Mountain Dew Products and filed suit with the U.S. In March 2021, PepsiCo launched MTN DEW RISE ENERGY featuring cans with a variety of bright colors corresponding to the flavors offered as shown below.
Court of Appeals for the Second Circuit to throw out a preliminary injunction granted by a New York federal judge last fall that prevented PepsiCo from using MTN DEW RISE ENERGY on its canned energy drinks.
Sill (US) and Felicia Boyd (US) on AugPosted in Brands, Consumer goods, Trademark
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