Due Process for Counterfeiters Tops Trademark Questions for 2026

Constitutional questions related to due process rights, sovereign immunity, and consumers’ standing to sue are among the more notable 2026 story lines to watch in trademark law.

The US Supreme Court will also decide whether to take up cases involving generic foreign words being used as trademarks and how to weigh the strength of a mark in Pepsi‘s escape from a coffee trademark suit. In the trademark-adjacent field of publicity rights, pop band OMG Girlz’s fight over a toy company’s use of their likenesses to make dolls will go to trial for the fourth time.

Here’s a closer look ...