On Wednesday, August 2, 2023, PepsiCo, Inc. won summary judgement in US District Court for the Southern District of New York in a case brought against it by Rise Brewing Co., a coffee beverage manufacturer.

Rise Brewing had alleged that PepsiCo’s “Mtn Dew Rise” energy drink had infringed on its trademark and caused customer confusion. Coherent Senior Affiliate Murray Beach was retained by counsel for PepsiCo to serve as a rebuttal expert witness regarding the impact the alleged trademark infringement had on plaintiff’s equity capital fundraising efforts.

PepsiCo, Inc. was represented by Dale Cendali, Luke Budiardjo, Diana Torres, Allison Buchner, Saghar Esfandiarifard, Lauren Schweitzer and Maria Monica Beltran of Kirkland & Ellis LLP, and Paul Reilly, Susan Kennedy and Monica Smith of Baker Botts LLP. Murray Beach was supported by a team at Coherent Economics including Dr. Dora Altschuler, Derrick Ding, Hector Santillan-Vazquez, and Zach Stephens.