Rise Brewing Co. beats PepsiCo's Lebron James-backed Mtn Dew Rise Energy in trademark case

New York-based Rise Brewing Co has obtained an injunction against PepsiCo over the latter's use of the word “Rise” in its new energy drinks.

PepsiCo rolled out Mtn Dew Rise Energy with NBA superstar LeBron James as a spokesperson.

A few months later, Rise Brewing Co., a small processor of ready-to-drink coffee-based beverages, sued PepsiCo in federal court, alleging that Mtn Dew Rise would confuse consumers, especially in its core younger demographic.

An Illinois federal court granted a preliminary injunction on Nov. 3, forbidding PepsiCo from using the ord “Rise” on the packaging or in marketing.

In her opinion, New York-based district judge Lorna Schofield said that Rise "has submitted credible evidence that it faces an existential threat" from Pepsico's infringement.

The judge noted that Mtn Dew Rise has dissuaded at least one Rise Brewing Co. investor from re-upping his investment.

She added that additional testimony makes it clear that the plaintiff’s corporate identity is at risk if Mtn Dew Rise "continues to saturate the market.”