PepsiCo Beats ‘MTN Dew Rise’ Trademark Ban at Second Circuit (1)

PepsiCo Inc. convinced the Second Circuit to throw out a trademark injunction that would have prevented the soft drink maker from selling “MTN Dew Rise Energy” branded drinks

A New York federal judge had granted the injunction last November, finding that the Pepsi drinks—which launched in March 2021 with endorsements from NBA star Lebron James—would have likely caused confusion with the trademark used on canned nitro coffee sold by Rise Brewing Co.

But a three-judge panel for the US Court of Appeals for the Second Circuit vacated the order on Friday, ruling that Rise Brewing “has not shown that its ...