Rise Brewing was established in 2014, its sells ready to drink canned coffee and tea-based drinks which are marketed and sold as ‘RISE’.
In March, PepsiCo launched a product which uses ‘RISE’ branding on its Mtn Dew Rise energy drinks. Rise Brewing issued a trade mark dispute claim against PepsiCo after failed attempts to resolve the issue.
Both the products include the word rise in capital letters on the canned drinks and include ‘the stylized logo of that name including the unusual form and shape of the letters comprising the word’. The claim states several occasions where Rise Brewing’s product has been confused with the Mtn Dew Rise energy drinks. Both products have been stoked in the same aisle in stores such as Safeway, Walmart, and Raley which cause ‘consumers to encounter them as alternative caffeinated beverage options’. The claim states that PepsiCo’s infringement ‘is causing actual confusion in the market, has destroyed the claimants reputation and has impeded the claimants ability to raise capital from outside investors’.
The US District Court issued a preliminary injunction against PepsiCo preventing it from using the challenged mark in the US market, in connection with the promotion, sale, distribution of single use canned energy drinks pending the outcome of the trade mark dispute.
This is not the first time PepsiCo has been accused of trade mark infringements. Droplet and Dram have accused PepsiCo of copying parts of its Soulboost sparkling drink. Laboratorios Pisa SA also sued PepsiCo for infringing its Electrolit trademark.