Supreme Court to Decide Whether Trademark Strength Is a Question of Fact or Law in RiseandShine v. PepsiCo

Short summary

The Supreme Court has granted certiorari in RiseandShine Corporation v. PepsiCo to decide whether trademark strength is a question of fact or law in likelihood-of-confusion analysis under 15 U.S.C. § 1114. RiseandShine argues that conceptual strength depends on consumer perception and should be a factual question for the jury, while Pepsi contends the legal judgment involved means it can be decided as a matter of law. The outcome will reshape how federal courts handle trademark infringement cases, potentially requiring fact-finders in every analysis or creating new uncertainty across circuits.

• •SCOTUS will review whether trademark strength is a question of fact or law in likelihood-of-confusion analysis
• •RiseandShine (RISE coffee) v. PepsiCo (MTN DEW RISE ENERGY) centers on the 2nd Circuit's unique treatment of conceptual strength as a legal question
• •Ruling will impact all future trademark infringement cases, affecting trial length, cost, and judicial discretion

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