PepsiCo in dispute with RiseandShine Corporation

In 2021, RiseandShine Corporation, the manufacturer of ‘RISE’ coffee drinks, sued PepsiCo, accusing it of trademark infringement by marketing the energy drink ‘MTN DEW RISE ENERGY’. RiseandShine claimed that PepsiCo’s use of the word ‘Rise’ in the product name was likely to mislead consumers as to the origin of the drink.

In December 2024, the US Court of Appeals for the Second Circuit upheld the lower court’s earlier ruling, finding that the ‘RISE’ trademark was weak because it was suggestive of product characteristics and was widely used by others.

The court also found that the differences in the branding of the two beverages are more significant than the similarities, making the risk of consumer confusion low.

This decision emphasises that trademarks of a weak nature, especially descriptive ones, have limited legal protection, and already differences in the presentation of the products may offset the risk of confusion among consumers.