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RiseandShine Corp. v. PepsiCo, Inc.
RiseandShine (No. 24-1016): the Court will decide if mark strength is a fact question.
Citation: RiseandShine Corp. v. PepsiCo, Inc., No. 24-1016 (U.S. cert. granted June 29, 2026)
Type: Case
Jurisdiction: Federal
Issuing body: Supreme Court of the United States
Status: Watch, undecided: decision expected by June 2027
Court: Supreme Court of the United States
Parties: RiseandShine Corp. v. PepsiCo, Inc.
Docket: No. 24-1016
Proceeding: watch
The Supreme Court granted certiorari on June 29, 2026, to decide whether the strength of a mark is a question of fact in a likelihood-of-confusion case. The case comes from the Second Circuit, which treats strength as a legal question, while the Fifth Circuit treats likelihood of confusion as a question of fact. A decision is expected by June 2027. Nothing in this record states an outcome.
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