Supreme Court Agrees to Take Up Trademark Strength Issue in Rise Brewing Trademark Case Against PepsiCo Over “Mtn Dew Rise”

On June 29, the Supreme Court agreed to review the question of whether judges or juries should decide a trademark’s inherent strength when assessing whether consumers are likely to be confused by the mark in trademark disputes under the Lanham Act. The implications of the Court’s decision on this question could affect trademark litigation nationwide. Background on the Rise Brewing/PepsiCo “Mtn Dew Rise” Trademark Dispute This issue stems from a long-standing trademark dispute between PepsiCo, Inc.