From Riseandshine Corp. v. Pepsico, Inc., decided today by the Second Circuit, in an opinion by Judge Pierre Leval joined by Judges Denny Chin and Steven Menashi:
In a trademark dispute …, PepsiCo, Inc., the Defendant, which marketed a canned energy drink under the mark "MTN DEW RISE ENERGY," appeals from a preliminary injunction imposed on it … at the instance of the Plaintiff, RiseandShine Corporation, d/b/a Rise Brewing ("Rise Brewing"), which sells nitro-brewed canned coffee (and also canned tea) under the name RISE. It is undisputed that Plaintiff began using the RISE mark prior to Defendant's use of its mark.
The Second Circuit reversed the district court's grant of a preliminary injunction:
