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    • CommentAuthoralisa086
    • CommentTimeJan 22nd 2019
     
    PepsiCo, one of the world’s largest food companies, is in a legal battle with a Tennessee distillery, Ole Smoky Moonshine, over the distillery’s trademark application for the term “Mountain Dew.”
    PepsiCo filed a Notice of Opposition with the Trademark Trial [url=http://www.buyusacigarettes.com]Newport cigarettes,newport box 100s menthol cigarettes[/url] and Appeal Board in 2016 opposing Ole Smoky’s trademark for “Ole Smoky Mountain Dew Moonshine.” PepsiCo said that its products “are sold in almost every supermarket in the United States,” and that it has “built up a very high level of consumer and trade recognition symbolized by [PepsiCo’s] marks.”
    PepsiCo went on to say that Ole Smoky's use of "Mountain Dew" would "be likely to cause confusion, to cause mistake or to deceive with consequent injury to [PepsiCo]." PepsiCo added that they will be "damaged" if Ole Smoky were to be granted a Mountain Dew trademark.
    “Mountain Dew is one of the world’s most iconic and recognized brands, and has been since it was established more than 70 years ago,” a spokesperson for PepsiCo’s Mountain Dew said in a statement to ABC News. “The planned unauthorized use of Mountain Dew [url=http://www.buyusacigarettes.com]Online Cigarettes Store USA and Buy Cigarettes Online[/url] by another party violates PepsiCo’s trademark rights, and we must vigorously protect our brand.”Ole Smoky’s founder, Joe Baker, told ABC News that “mountain dew” has long been a synonym for the alcoholic beverage moonshine, and that the drink has had ties to the Appalachian Mountain region -- which includes Tennessee, Kentucky and Georgia -- since before Prohibition began in 1920.

    In a response to PepsiCo’s notice on the U.S. Patent and Trademark Office’s website, Ole Smoky argues that “Mountain Dew was first used as a trademark for a distilled spirits product around 1890 by John W. McCulloch,” and cited an article from 1897 referring to the spirit and a permit from the Alcohol and Tobacco Tax and Trade Bureau, which granted McCulloch the sole right to use the “Mountain Dew” name on distilled spirits.











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