SCOTUS to Rule on Trademark Strength as Fact or Law

The Supreme Court granted certiorari in a case involving RiseandShine Corporation, doing business as Rise Brewing, and PepsiCo over the use of similar marks on coffee and energy drinks. The central issue is whether a trademark's inherent strength on the distinctiveness spectrum constitutes a question of fact or law under the Lanham Act.

The Second Circuit treated the issue as one of law and granted summary judgment to PepsiCo, finding the RISE mark weak. Other circuits have viewed it as a factual question typically reserved for juries. The decision could resolve a circuit split and affect how trademark cases proceed to trial.

The case stems from Rise Brewing's infringement claims against PepsiCo's MTN DEW RISE ENERGY line. Briefing and argument are expected in the upcoming term.

Sources: https://www.bakerlaw.com/insights/scotus-to-decide-who-determines-trademark-strength-judge-or-jury/ https://ipwatchdog.com/2026/06/29/scotus-grants-cert-petition-on-trademark-strength-inquiry-over-sg-brief-urging-denial/