PepsiCo Trademark Legal Case Outcome

PepsiCo Inc. recently emerged triumphant in a legal battle against Rise Brewing Co., where the latter accused the beverage giant of trademark infringement related to its MTN Dew Rise Energy drink. The dispute revolved around the alleged exploitation of the “Rise” brand name by PepsiCo. However, the Federal court in New York dismissed the case, ruling in favor of PepsiCo, citing significant distinctions between the two brands.

The lawsuit, which had been brought by Rise Brewing, was effectively dissolved at the behest of PepsiCo. Rise Brewing claimed that the use of “MTN DEW Rise” for PepsiCo’s energy drink created confusion in the market and capitalized on their “Rise” brand. Nevertheless, the court sided with PepsiCo, rejecting the trademark infringement claims. Interestingly, the court’s decision comes a year after it had previously banned Pepsi’s “MTN Dew Rise” drinks, but that ban was later lifted on appeal.

According to Bloomberg Law, PepsiCo made a compelling argument in court, emphasizing the stark differences in branding between MTN Dew Rise and Rise Brewing’s products. The appearance and packaging of the energy drink were notably distinct from the logos and marks featured on Rise’s coffee drink containers. This persuasive evidence led the U.S. District Court for the Southern District of New York to conclude that there was no basis for trademark infringement, ultimately leading to the case’s dissolution.

U.S. District Judge Lorna Schofield, as reported by Reuters, highlighted that Rise Brewing failed to demonstrate any confusion among consumers caused by Pepsi’s energy drink product. This ruling marked a significant victory for PepsiCo, especially after the previous order to cease using the “MTN Dew Rise” name.


This case underscores the importance of understanding and navigating trademark law intricacies. Businesses, whether established or emerging, need to safeguard their brand identities and intellectual property to prevent potential legal disputes. Consulting with experienced trademark attorneys, such as Fargo Patent and Business Law, can be a crucial step in protecting one’s brand and avoiding conflicts in the highly competitive marketplace. A trademark attorney can provide valuable guidance in trademark registration, enforcement, and defense, ensuring that businesses can focus on growth and innovation while safeguarding their intellectual property rights.