Pepsi Beats Coffee Brewer’s Appeal Over ‘MTN Dew Rise’ Marks

PepsiCo Inc. defeated a coffee brewer’s appeal of a decision that cleared the beverage giant of infringing “RISE” trademarks covering a canned coffee drink, as the Second Circuit affirmed a lower court’s grant of summary judgment.

Riseandshine Corp., doing business as Rise Brewing, failed to convince the three-judge panel on either argument it made in its appeal, according to a summary opinion filed Thursday in the US Court of Appeals for the Second Circuit.

The panel rejected Rise’s argument that there are factual questions about whether Rise’s mark has obtained secondary meaning that would strengthen its trademark, making summary judgment ...