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Who decides trademark strength: Judge or jury?

By Kelsey Wun on July 16, 2026

The Supreme Court granted certiorari to decide whether the strength of a trademark in a likelihood-of-confusion analysis under 15 U.S.C. § 1114 is a question of law for the court or a question of fact for the jury. RiseandShine Corp. v. PepsiCo, Inc., Case No. 24-1016 (Supr. Ct. June 29, 2026). RiseandShine sued PepsiCo in […]

  • Posted in:
    Intellectual Property
  • Blog:
    IP Update
  • Organization:
    McDermott Will & Emery
  • Article: View Original Source

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