July 12, 2021
As reported by Sprudge, Rise Nitro Brewing Co. (“Rise”), a small New York City-based cold brew company, is suing the multinational food and beverage giant, PepsiCo. (“Pepsi”), for alleged trademark infringement following the release of Pepsi’s Mountain Dew Rise earlier this year.
Rise’s claim alleges that Pepsi’s self-described “morning caffeine drink” is “designed to specifically target the morning coffee drinker, and is marketed as a morning caffeinated drink to replace ready-to-drink coffee drinks such as Rise,” per Reuters.
The suit further alleges that this is a “classic case of reverse confusion” whereby “a larger, more powerful junior user (PepsiCo) adopted the trademark (Rise) of a smaller senior user (Rise Brewing) and uses its commercial dominance and superior resources to saturate the market with the mark.”
Author: Sam Galway