PepsiCo will strip the name “Rise” from its new Mtn Dew energy drink in the wake of losing a preliminary court battle with a competitor over the name.
Mtn Dew Rise hit shelves in the spring backed by ads starring LeBron James. But PepsiCo suffered a setback last week when a federal judge in New York issued a preliminary injunction that effectively halted sales and marketing of “Rise”-branded Mtn Dew, siding with a company called Rise Brewing, which is alleging trademark infringement. Rise Brewing since 2014 has sold caffeinated drinks like cold canned brew coffee under the Rise name.
PepsiCo appealed the decision but suffered another setback when U.S. District Judge Lorna Schofield rejected its request for a reprieve of 11 weeks “to allow PepsiCo to transition away from Mtn Dew Rise Energy with minimized costs and disruption.”
Now PepsiCo has decided to cut its losses and simply brand the product Mtn Dew Energy with the change taking effect Friday, a PepsiCo spokeswoman confirmed to Ad Age. “All formula, flavors and marketing partners remain the same, and we have full confidence that we will continue to deliver the same great product consumers have quickly grown to love,” she stated in an email.