Supreme Court Grants Cert in Rise and Shine v. PepsiCo Trademark Case

The Supreme Court granted certiorari on June 29, 2026, in Rise and Shine Corp. v. PepsiCo, Inc., to decide how courts should evaluate the strength of a trademark when determining likelihood of confusion. The case involves a dispute over the mark "Rise and Shine" used in connection with coffee products and Pepsi's alleged infringement. After discovery on remand, Pepsi moved for summary judgment. The petition asks whether a trademark's strength should be measured at the time of registration or at the time of the alleged infringement. The decision could clarify standards applied in Lanham Act cases nationwide.

Oral arguments are expected in the upcoming term. The case originated in federal district court and reached the high court after lower court proceedings on the scope of protection for the mark.

Sources: https://www.jdsupra.com/legalnews/rise-and-shine-scotus-wakes-up-to-a-8866840/ https://sigmalawgroup.com/blog/2026-07-13-scotus-trademark-strength