Pepsi earns reversal of pretrial order that would have required it to stop marketing a new Mountain Dew product.
A federal district court was wrong to enjoin Pepsi from continuing to market a canned energy drink under the Mountain Dew line under the name of “rise energy” because the owner of the RISE mark was unlikely to eventually prevail in its trademark lawsuit against the soft drink behemoth, the U.S. Court of Appeals for the Second Circuit has held. The court, reversing the injunction and ruling against the trademark holder, found that the RISE label was a weak trademark because it strongly suggested the qualities of the product it labeled and there was extensive third-party usage of the same or similar marks (RiseandShine Corp. v. PepsiCo, Inc., July 22, 2022, Leval, P.).
Case date: 22 July 2022
Case number: No. 21-2786
Court: United States Court of Appeals, Second Circuit
A full summary of this case has been published on Kluwer IP Law.
_____________________________
To make sure you do not miss out on regular updates from the Kluwer Trademark Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.
