Pepsi Wrongly Beat ‘Rise’ Coffee Trademark Suit, Justices Told

PepsiCo Inc. wrongly defeated claims that its “MTN Dew Rise Energy” beverage trademark infringed a ‘Rise’ coffee trademark, a brewer told the US Supreme Court.

Rise Brewing told the justices that the US Court of Appeals for the Second Circuit twice wrongly found “Rise” an inherently weak mark for coffee as a matter of law, rather than treating trademark strength as a factual question for trial. This approach, the brewer contends, conflicts with precedent in all 12 other circuit courts.

The petition from RiseandShine Brewing Corp., Rise Brewing’s corporate name, challenges the appeals court’s reversal of a key finding that ...