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11 months ago

There are several factors that may affect the extent of restraint or injunction, and/or damages ordered by the court in Rise and Shine Corp. v. PepsiCo Inc. against PepsiCo. Unlike the Texas case, Laboratorios Pisa S.A. de C.V. v. PepsiCo, Inc., the use of the trade dress RISE by PepsiCo was not used for the exact same product. RISE by PepsiCo is a caffeinated energy drink and not particularly a coffee-based or coffee drink. Rise and Shine Corp., uses RISE for its coffee drinks. People may relate caffeinated drinks with coffee, but this factor may not rise to the level… Read more »

11 months ago

It is interesting to note that under older trademark law, Rise Brewing would have had a harder time in proving that PepsiCo infringed on their trademark. Trade dress was traditionally seen as distinct from usual trademark protections. The Lanham Act defines trademark as “any word, name, symbol, or device, or any combination thereof, used by a person or which a person has a bona fide intention to use in commerce and…to identify and distinguish his or her goods from those manufactured or sold by others and to indicate the source of the goods.” 55 Am. Jur. Proof of Facts 3d… Read more »

10 months ago

this is very useful article.

26 days ago

One subject which was alluded to in the article, but bears expansion, is the issue of a large company like Pepsi using their power to bully smaller companies and corner their markets, with actual knowledge that their actions violate trademark law. While every company certainly has the right to innovate and advance their brand, and mistaken infringement certainly happens, the actions of PepsiCo seem to be in bad faith. One of the most striking examples of this would be the “reverse confusion” idea mentioned. As the article says, Rise Brewing company alleged that Pepsi’s use of the word “Rise” would… Read more »

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