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ARTICLE · 13 JANUARY 2022

Brewing Conflict As Tensions "Rise" Between PepsiCo And Rise Brewing

S.S. Rana & Co.
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The United States District Court of Southern District of New York recently adjudicated upon a trademark infringement action filed by Rise and Shine Corporation d/b/a "Rise Brewing"...

IndiaIntellectual Property
Lucy Rana
Lucy Rana
Priya Adlakha
Priya Adlakha
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The United States District Court of Southern District of New York recently adjudicated upon a trademark infringement action filed by Rise and Shine Corporation d/b/a "Rise Brewing" (the Plaintiff) against PepsiCo, Inc. (the Defendant), for the mark "RISE" in respect of canned caffeine drinks, and laid down the key principles for determining likelihood of confusion, particularly discussing the concept of 'likelihood of reverse confusion' and the eight factor balancing test.

Case of the Plaintiff:

The Plaintiff has the marks for "RISE" registered with the USPTO for Coffee and related products. In early 2021, PepsiCo had launched its canned caffeinated drink "MTN DEW RISE ENERGY" which Rise Brewing / the Plaintiff alleges to be an infringement of its mark "RISE".

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