PepsiCo. in Legal Battle over “Mountain Dew” Trademark

PepsiCo. which holds over 20 trademarks for Mountain Dew has entered into a legal battle with Ole Smoky Moonshine. The Tennessee distillery has filed a trademark application for Mountain Dew. The application has been filed in the alcoholic beverage category.

PepsiCo. has filed an opposition to this application in the Trademark Trial and Appeal Board. It has argued that it has “built up a very high level of consumer and trade recognition symbolized by [PepsiCo’s] marks.”

Ole Smoky Moonshine, in its defense, said that “mountain dew” has long been a synonym for the alcoholic beverage moonshine since 1920. The drink has links to Appalachian Mountain regions.

It also cited an article to argue its point. It said that Mountain Dew was first used in the 1890s as a trademark for distilled spirits by John W. McCulloch.

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