In Pepsico v. Jay Pirincci, the TTAB sustained Pepsico Inc.’s opposition to Jay Pirincci’s application for CAN DEW covering “nutritional drink mixes for use as a meal replacement in a can or plastic bottle” in Class 5. The Board previously granted Pepsico’s motion for summary judgment on the likelihood of confusion with Pepsico’s famous DEW mark in relation to the Class 32 goods recited in Pirincci’s application.
