After remand from the 2d Circuit, SDNY grants Pepsi’s motion for summary judgment on all counts, dismissing Plaintiff’s causes regarding Pepsi’s use of MTN DEW RISE for a caffeinated energy drink, based on plaintiff’s use of RISE for cold brew coffee.

Text of RiseandShine v Pepsi, 1:21-cv-06324-LGS-SLC (SDNY August 2, 2023)

News coverage here.

Prior Second Circuit RiseandShine v Pepsi decision here.