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PepsiCo Defeats Injunction Tied To Rise TM Row At 2nd Circ

PepsiCo convinced the Second Circuit on Friday to lift a lower court's ruling blocking it from using "Mtn Dew Rise Energy" to market a new energy drink, overcoming objections by a coffee company that claims PepsiCo infringed its trademark.

Coffee challengers lose trademark battle over Mountain Dew energy drink

The Second Circuit saw little risk of consumer confusion between a canned java called Rise and PepsiCo s use of the same word to market a new sweet and fruity energy drink offshoot of Mountain Dew soda.

Boozy Mountain Dew now available but only in three states

Mountain Dew has launched a new drink with an alcoholic twist that’s available in Tennessee, Florida, and Iowa. But plans are in the works for the beverage to hit store shelves in other states.

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