Rise Brewing Co. sues PepsiCo for intentional trademark infringement

NEW YORK, June 16, 2021 / PRNewswire / – Yesterday, RISE AND SHINE Corp., dba Rise Brewing Co. (Rise Brewing), a maker of organic, shelf-stable, ready-to-drink coffee drinks, filed a lawsuit against PepsiCo for willful infringement of Mark. The trial, Case n ° 1: 21-cv-3198, was filed in United States District Court of the North District of Illinois – East Division.

Rise Brewing was founded in New York City by three childhood friends, Jarett mcgovern, Grant Gyesky, and Justin weinstein, with their co-founder Hudson Gaines-Ross. Together, the founders worked to create a revolutionary and stable canned coffee drink using all organic ingredients and targeting morning caffeine drinkers tired of the high sugar and fat content of other products on the market. After nearly a decade of innovation and brand development, Rise Brewing has become a success in the market, winning numerous awards for its products and becoming the owner of many federally registered RISE trademarks that protect its brand. .

The five-count complaint alleges that PepsiCo infringed Rise Brewing’s trademark when it introduced a new canned caffeine-based beverage that uses an identical product name, RISE. The complaint alleges that PepsiCo’s use of the RISE mark on its new product has caused, and will continue to cause, confusion among consumers as to the source of the parties’ respective products.

“My partners and I have spent a lot of time and money creating great tasting organic coffee and therefore a remarkably successful brand in the ready-to-drink category,” said Grant Gyesky, Co-Founder and CEO of Rise Brewing Co. “PepsiCo’s competitor RISE is already confusing consumers, threatening to destroy the goodwill we have worked tirelessly to build for nearly a decade.

RISE by PepsiCo, part of the Mountain Dew product line, launched in March 2021 and as detailed in yesterday’s complaint, targets Rise Brewing’s core demographic, morning caffeine drinkers. Focusing on Sports and Wellness Communities, PepsiCo Hired International Superstar James lebron be the spokesperson for this new product.

According to the complaint, PepsiCo’s competitor product RISE creates “reverse confusion,” a type of trademark infringement that occurs when a larger, more powerful junior user, like PepsiCo, adopts the trademark of a smaller senior user. , like Rise Brewing, and uses its disproportionate sales force to saturate the market with a confusing brand.

“By adopting our RISE brand on its morning caffeine drink, PepsiCo is confusing consumers and irreparably hurting Rise Brewing,” said Grant Gyesky. “We are committed to standing up for what’s right for our employees, customers and their families, even if it means standing up to PepsiCo.”

In March 2021, United States District Court of the Southern District of Texas Posted a nationwide temporary restraining order stopping PepsiCo’s deployment of a Gatorade product, GATORLYTE, for allegedly copying its competitor’s product packaging, court records show. PepsiCo has entered into a confidential agreement with the competitor ELECTROLIT earlier this spring. In the past, PepsiCo has faced similar trademark lawsuits involving the GATORADE, VITAMINATED WATER, POLAR and TOO50 brands.

Prior to filing this lawsuit, Rise Brewing confronted PepsiCo over the alleged infringement of the RISE trademark. Despite the possibility of changing the name of its product, PepsiCo refused to abandon the RISE brand.

RISE representative in this area, an Alston & Bird team led by a partner Paul Tanck of the company

Intellectual Property Litigation Group.

About Rise Brewing Co.
RiseandShine Corp. d / b / a Rise Brewing Co. (Rise Brewing), produces organic, long-life coffee drinks. Based almost a decade ago in New York City, Rise Brewing sells its RISE brand coffee products, including long-life coffee barrels and cans for offices, bars / restaurants and coffees. Find more information about Rise Brewing at www.risebrewingco.com. You can also follow on Instagram, Facebook, Yelp or Twitter.

SOURCE Rise Brewing Co.

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