Trademark News & Screw-ups PepsiCo in legal battle with moonshine distillery over 'Mountain Dew' trademark - ABC News

The government screws it all up again! If not for the prohibition, we'd have a boring, no-starter, trademark dispute. One beverage company came up with a brand, the other one picked it up, the first one noticed, sued, and won. Case closed. Not so fast. Because prohibition made selling the beverages of the first company illegal, the first company kind of disappeared before the second company made the brand really popular. Then, 70 years after prohibition was over, the first company resurfaced and became upset that their ancestor's legacy is now outside of their control. This may make a great movie, but from the legal perspective, this looks more like an attempt to squeeze a nice settlement out of a multi-billion-dollar company. Once again, as someone who despises government regulation, I feel for the loss of business by the original moonshine company during prohibition. It will be the 70-year wait between the original company and its resurfacing that will probably seal the fate of this lawsuit.

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