Supreme Court to Decide Whether a Trademark’s “Inherent Strength” is a Question for Judges or Juries

Short summary

The Supreme Court will hear a trademark dispute between Rise Brewing and PepsiCo over whether a mark's inherent strength is a question for judges or juries under the Lanham Act. The Second Circuit treated it as a legal question and dismissed Rise Brewing's claims on summary judgment. A ruling that inherent strength is factual could make it harder for defendants to win early dismissal in trademark cases.

• •SCOTUS granted cert on whether trademark inherent strength is a legal or factual question
• •Rise Brewing sued PepsiCo over 'Mtn Dew Rise Energy' confusing consumers with its 'RISE' mark
• •A ruling favoring jury determination could reduce summary judgment wins for trademark defendants

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