The U.S. Supreme Court has granted certiorari in RiseandShine Corp. v. PepsiCo, Inc. to determine whether the strength of a trademark is a question of fact for the jury or a question of law for the court. This issue affects how likelihood-of-confusion analyses under the Lanham Act are conducted, with twelve circuits t…
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Supreme Court to Resolve Whether Trademark Strength Is a Legal or Factual Question in RiseandShine v. PepsiCo The U.S. Supreme Court has granted certiorari in RiseandShine Corp. v. PepsiCo, Inc. to determine whether the strength of a trademark is a question of fact for the jury or a question of law for the court. This issue aff... Read the full IIPLA blog post: https://iipla.org/blog/supreme-court-to-resolve-whether-trademark-strength-is-a-legal-or-factual-question-in-riseandshine-v-pepsico