The immediacy of the injunction, which goes into effect this week, could still create a road bump for MTN Dew Energy’s sales momentum as the company works to redesign, manufacture and distribute new cans. “This is the outcome that is best for the consumer and will allow us to continue to build our brand without the continued confusion we have been seeing in the marketplace.” “We are pleased to see that PepsiCo is dropping the use of RISE for their Mountain Dew energy drinks,” Gyesky said. Gyesky had previously called the confusion caused by the product a “distraction” from his goal of growing and expanding the business. In an email to BevNET today, Rise Brewing CEO Grant Gyesky praised PepsiCo’s decision to rename the energy drink. In June, Rise Brewing filed a lawsuit against PepsiCo, alleging trademark infringement and claiming that the new product had caused significant confusion among retailers and consumers. Positioned around a morning use occasion, MTN Dew Rise Energy launched in March and quickly became a notable brand in PepsiCo’s expanding energy drink portfolio, growing to a 0.9% market share of the category with $106.6 million in retail dollar sales as of October 23, according to NielsenIQ. In a statement sent to AdAge yesterday, a spokeswoman confirmed the rebrand was in process and said “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.” PepsiCo did not immediately return a request for comment by BevNET. PepsiCo appealed the decision but was denied an 11-week reprieve to allow the company to minimize disruption during a rebranding process.
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