Rise Brewing has spent $17.5 million on publicity for its coffee drinks, but Leval noted that does not make their trademark any stronger, especially up against a senior brand like PepsiCo.
“Trademark law does not offer robust protection to those who demand the exclusive right to use words that describe or suggest a product or its virtues.” Comparisons of Rise Brewing's coffee cans and PepsiCo's Mtn Dew Rise Energy drinks included in PepsiCo's appeal against an injunction ordering them to stop using "Rise" in the name of their energy drink brand. “If there was room for plaintiff’s use of 'Rise' in the already crowded coffee field, there would also be room for Defendant’s, especially on a product that is distinct from coffee,” the opinion states. Leval seized on this point in his 24-page ruling. Rise Brewing had argued that the field was too crowded to add another “rise” product in the mix, but notably Rise Brewing was first denied its trademark request for the name ”Rise Coffee Co.” because there were already too many coffee trademarks using “rise.” Vacating that injunction Friday, Leval said Rise Brewing had too weak a trademark, given that “rise” is a common word used for both coffee and energy products alike - a point the Clinton appointee also made at June oral arguments. “When a mark so clearly evokes the claimed virtues of the product it references, that mark, although perhaps muscular as a marketing tool, is weak under the trademark law.”Įight months earlier, PepsiCo was forced to drop the word “Rise” from its labeling after a federal judge ruled that the energy drink Mtn Dew Rise could be confused with a coffee beverage on the same shelf from Rise Brewing. Circuit Judge Pierre Leval wrote for a three-judge panel in Manhattan. “The trademark law does not favor giving one marketer an exclusive right to prevent others from using such valuable marketing terms in their own marketing campaigns,” U.S.
#Mountain dew rise free
MANHATTAN (CN) - PepsiCo is free to put the word “Rise” back in its Mountain Dew energy drink, the Second Circuit ruled Friday, vacating an injunction awarded to a coffee company last year.
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