Pepsi Prevails In 'Can Dew' Trademark Dispute

Law360, New York (June 28, 2012, 5:43 PM EDT) -- The U.S. Trademark Trial and Appeal Board ruled Monday that the use of the phrase "Can Dew" to market fruit-flavored soft drinks would be confusingly similar to the name of PepsiCo Inc.'s Mountain Dew.

The board granted PepsiCo's motion for summary judgment that there is a likelihood of confusion and said that applicant Jay Pirincci's argument that consumers would not be confused because he planned to use a label different from Mountain Dew's was "not well taken."

"The parties' marks both contain the word 'dew,' and...
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