In Pepsico Inc. v. Sweets and Foods United Co., Pepsico, owner of the trademark MOUNTAIN DEW for carbonated beverages (Class 32), filed an opposition against an application for the same trademark in Class 32 by Sweets, a Jordanian company. Sweets had been manufacturing and selling a variety of concentrated fruit juices under this mark for a number of years in Jordan, and had acquired a reputation with local consumers. Pepsico had registered the MOUNTAIN DEW mark in several countries worldwide, but had no registration or use of this mark in Jordan.

The Registrar rejected the opposition on the ground that, although Pepsico's MOUNTAIN DEW mark was famous outside Jordan, it was not registered or used by Pepsico in that country, whereas Sweets had prior and extensive use of the mark in Jordan. The Registrar also took the position that fruit juices and carbonated beverages were distinguishable goods and that there was therefore no likelihood of confusion among consumers.

On appeal by Pepsico, the High Court of Justice reversed the Registrar's decision and held that Pepsico's MOUNTAIN DEW mark was a famous trademark and that, under the Paris Convention, the original owner of the mark enjoyed prior right protection in Jordan, notwithstanding the absence of a registration in that country. The Court further held that the registration of the MOUNTAIN DEW mark by a third party would lead to confusion among consumers and Sweets was ordered to abandon their application.