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RiseandShine Corporation, dba Rise Brewing, Petitioner v. PepsiCo, Inc.
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July 24, 2026
The U.S. Supreme Court will weigh a trademark dispute that asks whether juries or judges should decide if a mark is inherently strong, while courts will continue testing the impact of the justices' Jack Daniel's decision over a key test in trademark infringement cases. Here are Law360's picks for trademark cases to watch for the rest of the year.
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June 29, 2026
The U.S. Supreme Court's decision to hear a trademark fight over PepsiCo's "Mtn Dew Rise Energy" drink gives the justices a chance to clarify when juries, rather than judges, should decide whether a mark is inherently strong — a narrow question that attorneys say could affect how often infringement cases survive summary judgment.
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June 29, 2026
The U.S. Supreme Court on Monday agreed to hear a trademark dispute between PepsiCo and the maker of Rise nitro cold-brew coffee drinks, teeing up a case over whether judges or juries should decide a mark's inherent strength when assessing whether consumers are likely to be confused.
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May 21, 2026
The federal government said Wednesday the U.S. Supreme Court shouldn't weigh in on a trademark fight between PepsiCo and the maker of a nitro cold-brew coffee drink, even though it said the Second Circuit got its analysis of the case wrong.
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January 02, 2026
An appeal over the use of foreign words in branding is up for consideration at the U.S. Supreme Court, and a Delaware federal judge is set to deliver his verdict following a bench trial over the "Ugliest House in America." Here are Law360's picks for the trademark cases to watch in 2026.
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October 06, 2025
The solicitor general has been asked by the U.S. Supreme Court to weigh in on a trademark case against PepsiCo Inc. launched by a company that makes nitro-brewed coffee drinks called Rise.
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March 25, 2025
A company that makes nitro-brewed coffee drinks called "Rise" has asked the U.S. Supreme Court to answer whether the strength of a trademark is a question of law to be decided by judges after the Second Circuit affirmed the dismissal of a lawsuit against PepsiCo.