Who Decides Trademark Strength- Judge or Jury?

Short summary

The Supreme Court granted certiorari in RiseandShine Corp. v. PepsiCo to decide whether trademark strength in a likelihood-of-confusion analysis is a question of law for the judge or fact for the jury. The Second Circuit had treated strength as a question of law, finding the RISE marks inherently weak due to logical associations between 'Rise' and coffee. The case involves PepsiCo's Mtn Dew Rise Energy drink allegedly infringing RiseandShine's RISE marks for cold-brew coffee.

• •Supreme Court to decide if trademark strength is a question of law or fact
• •Case stems from RiseandShine v. PepsiCo over Mtn Dew Rise Energy vs RISE coffee marks
• •Second Circuit previously ruled RISE marks inherently weak as a matter of law

Generated with AI, which can make mistakes.