Pepsi and Mountain Dew Are Being Sued By This Coffee Company | WHAT REALLY HAPPENED X-Frame-Options: SAMEORIGIN

Pepsi and Mountain Dew Are Being Sued By This Coffee Company

Rise Nitro Brewing Co. wants PepsiCo to wake up, smell the coffee, and admit that the launch of Mountain Dew Rise threatens to eclipse the small Rise Nitro Brewing's brand. On June 15, the New York City-based canned cold brew company filed a lawsuit against PepsiCo Inc., after Rise Brewing says they reached out to Pepsi in an attempt to keep their concerns out of court over the name "Mountain Dew Rise."

Rise Brewing's claim reportedly adds that PepsiCo has a considerable history of infringing on other brands' names—from the source: "The smaller company painted Pepsi as a habitual trademark infringer, pointing to earlier cases in which Pepsi was sued for launching products that allegedly ripped off VitaminWater, Polar seltzer and Simply Orange juice." Bloomberg also reported when PepsiCo settled out of court earlier this year with a Mexican beverage brand, Electrolit, which said PepsiCo's branding for Gatorlyte was too similar to their brand.

Rise Brewing stated in their lawsuit that "This action presents a classic case of reverse confusion," which they define by explaining: "A larger, more powerful junior user (PepsiCo) adopted the trademark (Rise) of a smaller senior user (Rise Brewing) and uses its commercial dominance and superior resources to saturate the market with that mark."