![]() Trademark law favors the use of marks that are arbitrary or fanciful in relation to the products on which they are used. So long as marketers select words or signs that have no logical relationship to the products or services on which they are used, there will never be a shortage of marks. In this manner, the trademark law serves the purposes of both marketers and the consuming public. The trademark law allows every marketer to identify itself as a product's source by use of a distinctive mark, which will allow the public to recognize it as the source of the product, rewarding the marketer if it has earned a good public reputation and punishing it if the public's prior experience has been disappointing. Inherent strength or weakness of a mark is frequently an important factor because strong marks command a wider scope of protection than weak marks. "he strength of a mark depends ultimately on its distinctiveness, or its 'origin-indicating' quality, in the eyes of the purchasing public." The strength of a trademark is assessed based on either or both of two components: (1) the degree to which it is inherently distinctive and (2) the degree to which it has achieved public recognition in the marketplace, sometimes called acquired strength. The Second Circuit reversed the district court's grant of a preliminary injunction: It is undisputed that Plaintiff began using the RISE mark prior to Defendant's use of its mark. 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. ![]() Pepsico, Inc., decided today by the Second Circuit, in an opinion by Judge Pierre Leval joined by Judges Denny Chin and Steven Menashi:
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