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2 Comments on "PepsiCo: Serial Trademark Infringer or Coincidence?"

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MJK
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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 »
Craig
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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 »
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