Authorities

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.

Sources.

This page is general information, not legal advice. See the Disclaimer.