PepsiCo Thwarts Coffee Brewer’s ‘MTN Dew Rise’ Trademark Suit (Correct)

PepsiCo prevailed over Rise Brewing’s trademark infringement claims in New York federal court a year after the court’s ban on Pepsi’s “MTN Dew Rise” drinks was struck down on appeal.

Pepsi established the inherent weakness of a “Rise” mark on coffee drink cans, which also differed in appearance from Pepsi’s branding for MTN Dew Rise, the US District Court for the Southern District of New York said Wednesday in an order awarding Pepsi summary judgment. That weakness and dissimilarity outweighed the proximity of the products and evidence a jury could construe as bad faith, the court said.

The decision by ...