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#Mtn dew energy drink full

In addition to the two products being merchandised in the same aisle at some grocery locations, the company noted examples where store managers and employees confused the two brands, or assumed a business relationship between PepsiCo and Rise Brewing. It is flavored with fruit juice and highlights its low calories, vitamins, antioxidants and functional ingredients such as citicoline and zinc.īut in its lawsuit, Rise Brewing had documented several alleged instances where its product and Mtn Dew Rise Energy had been mistaken for each other. On its face, one could question the potential for confusion, as Mtn Dew Rise Energy is not a coffee beverage. PepsiCo and Rise Brewing did not respond to a request for comment as of press time. "PepsiCo's competing Rise product is already causing consumer confusion, threatening to wipe out the goodwill that we've been tirelessly working to build for nearly a decade," he said. When Rise Brewing filed its lawsuit against PepsiCo, co-founder and CEO Grant Gyesky noted in a statement the time and expense his company spent building the branding around its organic RTD coffees.

In its lawsuit, Rise Brewing described the beverage giant as "a repeat trademark offender." This marks the third time in the past year in which PepsiCo has fought trademark infringement allegations from small brands over products it designed to expand into promising beverage segments and usage occasions.įounded in 2014, New York-based Rise Brewing has a product line that includes shelf-stable nitro cold brew coffees, teas and oat milk-based lattes, sold through its web site, Amazon and at retailers including Walmart, Kroger and Whole Foods Market.

Both Mtn Dew Rise Energy and the coffee company's cans feature logos with the word "rise" in all capital letters. filed a lawsuit in June against PepsiCo for copying the branding of its RTD coffee and causing confusion over who the maker is for its products, which also target morning caffeine drinkers. After what it described as unsuccessful attempts at resolving the issue, Rise Brewing Co.

PepsiCo debuted Mtn Dew Rise Energy, a line of energy drinks targeting the morning daypart, in March.

District Court Judge Lorna Schofield said plaintiff Rise Brewing will likely succeed in proving that its trademark is valid and that PepsiCo was causing confusion among consumers with its product's branding.

PepsiCo cannot use the word "Rise" in the naming of its Mtn Dew Rise Energy drinks after a federal judge granted a preliminary injunction in favor of a ready-to-drink coffee startup that sued the beverage giant for trademark infringement.

#Mtn dew energy drink full

The judge had rejected PepsiCo's request for an 11-week transition period. "All formula, flavors and marketing partners remain the same, and we have full confidence that we will continue to deliver the same great product consumers have quickly grown to love,” the statement said. District Court Judge Lorna Schofield to cease using the term in the sale or distribution of single-use, canned energy beverages, AdAge reported. PepsiCo will make the switch this Friday, a spokesperson told the publication. The CPG giant will drop the word "rise" in response to a ruling from U.S.

"We are in the process of changing the name," a spokesperson said in a email. 10, 2021: PepsiCo is renaming its Mtn Dew Rise Energy drink that targets the morning, the company confirmed to Food Dive.